What 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?

Answer

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.

 


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