×

quesWhat are my right to the roof if i share the property with my brother?

My father in his Will gave his 3 story property to me and my brother. According to the Will my brother got the ground floor and I got 2nd and 3rd floor. We have six sisters and it was clearly mentioned in the will that there will not get any share in the property.



But, now since I have been allotted the second and the third floor,



what are my rights on the roof? If I wish to construct some room or anything on the roof do I have to ask my brother?

  • ans

    Basically, terrace forms part of common area for benefit of all flat owners.

    No construction can be carried on in terrace without the consent of all co-owners of the building. 

    In the case of Bihari Lal Jalan vs. DDA, the Delhi HC held that common areas or portions must remain common to all the allottees and cannot be grabbed by any particular allottee for their exclusive use.

     

  • Apply For Legal Heir/Succession Certificate With Expert Lawyers
    Know More

    Click here to see all Property Legal Services
  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
  • Related Articles

Consult best Property lawyers in India

Similar questions

I have one flat in Dombivli (under Kalyan Dombivli Municipal Corp) that was purchased in…
Respected sir iam Hindu married woman.married in 2001. My father died in 2000. My father…
Dear Sir, My elder brother has 3 acrs of land which was given to my…

I have seen a property would like to buy it. But OC has foot note…

Property Lawyers in India

Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 16 years


Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 24 years


Advocate Prabhjit Jauhar

  Connaught Place
 Experience: 20 years


Advocate Mohammed Abdul Quadeer

  Shree Ram Nagar
 Experience: 11 years


View all >>

Quick Consult

Get 15 Minutes of Expert Legal Advice on Phone right now

Ask a Free Question

Post a Question online and get free advice from multiple lawyers by email

Find a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly
/property-legal-advice/what-are-my-right-to-the-roof-if-i-share-the-property-with-my-brother-2049