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Query regrading registration of floors with roof right
04-Mar-2025 (In Property Law)
We have a property in Delhi registered in the name of two brothers as 50% share each. Now we have constructed that property into stilt plus 4 floors. Now the question is we want to get the registry done for each floor b/w the two brothers. So one of the brother is asking for first two floors & second brother is taking the 3& 4th floor but he want that roof right should be with top floor owner as this is the standard practice in delhi & if this is not done the value of top floor wud be very less.
Distribution of property among share holders are as per their mutual understanding. There is no specific law that who will take which share ! You need to hire expert advocate for a better calculation on this! Once it’s decided then a partition deed or family settlement deed can be prepared accordingly !
Kindly b in touch
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Adv. D. Khan
Delhi | 1000+ Answers
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Contract law in India permits parties to mutually agree on commercial terms, provided they are based on a legal and valid consideration.
There is no separate registration for the roof itself, as it is generally considered a common area, especially in multi-owner buildings. However, this can be easily modified through an agreement between the parties regarding who would retain the roof rights. In exchange for this, the party relinquishing its roof rights could receive compensation either monetarily or through additional parking space, among other options.
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