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roof right and construction on the roof
10-Sep-2023 (In Property Law)
I am residing in ghaziabad. as 2years ago my father purchased a builder flat top floor covering the area around 41.40 Sq.mtrs . the total area of the plot was 82.81 Sq.mtrs .at the time of purchase builder assure us that the roof is not particularly reserved for someone, any one has the access to roof. the building contains 3 completed floors having 2 flats on one floor, a shop on ground and a flat at back side in ground itself . the construction of the flats was a collaboration agreement between the builder and the plot owners. the plot owner has a shop and the flat in parking area. Now they are trying to build a complete floor on roof also. After that the building will contain 5 floors. and there is no support to building from both sides. Sir, i want to know that is there any legal step that can we take to stop that construction as it is a danger for all the flat owners. please enlighten me with your gracious knowledge Sir.
Firstly report the matter to GDA for illegal construction, if the authority had not sanctioned the revised plan. Secondly go through the agreement and check if there is any clause related to further construction in future. If it is there then confirm that do the plot owners needs consent of existing residents.
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Adv. Priyam Sinha
Sitapur | 25+ Answers
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Is roof right legal in Delhi?
Roof is a common area and cannot be used exclusively by any apartment owner. Common roof rights can be obtained through civil lawsuits. Roofs have common rights and land has a 1/3 share for each.
What is roof construction building?
What is roof construction?
What is the roof right?
Roof Rights: All common installations, such as the water tank or lift machine room, shall be located in the Common Roof.
What is the roof rights clause?
The Landlord has the right to use the entire roof or any part of it for any purpose, except as provided otherwise in this Lease. This Lease does NOT grant any rights of light, air or view over the Premises or Building.
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