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Society disputing Roof rights that was purchased before its formation
08-Apr-2024 (In Property Law)
I purchased the top floor with roof rights in 2007 which is recorded in my deed and duly registered. The society was formed in 2009 but became a legal owner of the property only in 2021. It now claims, after 17 years, that the roof under the by laws is common property. Can they retroactively apply the by laws to a transaction that took place way before their legal ownership. Please guide providing legal support if any. Much obliged.
Hello, I have perused your query. In the circumstances where you have purchased the top floor along with the roof rights and the same is specifically mentioned in your sale deed, you have an option to move to a civil court of competent jurisdiction by virtue of instituting a civil suit for decleration, posession and injunction against the society.
Such relief will get you a title over the roof and at the same time the society will be injuncted from carrying out any action in respect to the roof.
For any further information feel free to reach out to me.
Regards
Adv. Love Soni
Such relief will get you a title over the roof and at the same time the society will be injuncted from carrying out any action in respect to the roof.
For any further information feel free to reach out to me.
Regards
Adv. Love Soni
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Adv. Love Kumar Soni
Goa | 200+ Answers
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