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Is the land owner the owner of terrace in a builder floor
25-Apr-2023 (In Property Law)
I am the owner of top (2nd floor) in Gurgaon, sector-49. Plot owner sold out all three floors. He not mentioned any roof right in any ones registry. Now the plot owner saying that he is the owner of Roof. Please advise, what is the rule for roof right. After selling all floors how he can owner of roof, even the plot owner out a lock on roof. Please advice how the plot owner still have rights of roof after selling all floors??
Please clarify if you are a tenant or the owner of the independent floor. In both however there will be an agreement that you would have entered into with the builder. This agreement would be crucial to see what rights flow to you. In most cases, tenants or owners of individual units cannot be restricted from using common spaces & terraces. Thus, I would like to see the agreement first before advising you further in this regard. In any event, you have a good case against this builder because logically if not legally the builder cannot restrain you from using the terrace to check your water tank and carry out other activities. In such a scenario, you have two options which can be exercised simultaneously too i.e. filing a criminal complaint with the local police station and also a civil suit for declaration and mandatory injunction restraining this builder to not interfere in your usage of the terrace and other common areas. Do get back to me with the copy of the agreement so that I can guide you better. Regards
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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