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Sale of roof top to a person other than owners of flats by promoter


04-Apr-2023 (In Property Law)

My building is G+4 with roof above 4th floor.Water tank and lift room r in the roof only. Now our promoter has sold the roof rights to some person other than the flat owners. Is it permitted by law even if the roof right is vested with promoter for further construction as he has handed over the building to us 15 yrs ago & since then v hav incurred all the repairing and maintainence exp of the roof what should b our stance now. The new owner has filed an injunction in lower court stating obstruction to entry but we have done nothing as such. How strong v stand in this case if v oppose the sale.

Answers (1)

Answer #1
832 votes
1.If the promoter had sold all the flat situate in the building and in each of the sale deeds in respect of each flat the developer has not in express terms reserve the roof rights with him in deprivation of the flat owners he is divested of any right over the roof which belong in undivided equal share for common purposes to each flat owners and accordingly he can not sell any portion of the roof to a stranger purchaser.
2. If he has already done so then you can seek your remedy from consumer forum by seeking necessary reliefs
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