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Roof right with construction rights


10-Aug-2023 (In Property Law)
I have three brothers and 2 sisters. My father made a single storied house. He gifted me roof with construction rights of that House with common stairs. I had made first floor and residing there. My father died and all of my brothers and sisters made their own home in another places. Now I want to sell my first floor. Can I alone sell first floor with roof and give construction right of 2nd Floor to the buyer? And who will be the owner of roof top now?
Answers (1)

Answer #1
773 votes
if your father gifted you the property by an instrument of gift deed then construction right or any other rights are not in question and if the house is now also one storied with roof top which you want to sell ofcourse you can sell the whole property and if it is two storied house and you want to sell the ground floor then it is not possible of such sale is invalid and if it is a buliding with flats or apartment then the sale is valid selling one oart of a house and remaining other part is not valid sale

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