• Land ownership

What are the rights on the land in India of a first floor owner of a two-storey building, if per the partition deed, the land is given to the ground-floor owner with only access rights to the first floor by its owner through the property?
Asked 4 years ago in Property Law
Religion: Hindu

10 answers received in 1 day.

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11 Answers

1) it is necessary to peruse partition deed to advice

2) if you have signed the partition deed wherein you have been granted ownership of first floor and only access rights to first floor then you have no share in the land

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

Sir what exactly the clause of such partition deed state has to be seen as if it agreed that the first flat owner shall have only the access not ownership over land then he cannot claim.the ownership right on the land.

But there shall be right of continuous use and access that indirectly means that ground floor owner though cannot alienate or alter the land property without noc of first floor owner as the access rights cannot be breached or effected.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

It depends on the wordings in your sale deed. However Generali you have proportional right in land

Jugal Kishore Agrawal
Advocate, Jaipur
81 Answers

Not rated

1) All flat owners has rights on land equal to their purchased flat area wise means sq ft equal proportionate to land

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

You will have the right on the first property and the same becomes your title. You will have full access to the first floor and easementary right on the ground floor.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hello,

with the the passage of time the value of the land upon which the building stands appreciates but the value of the building depreciates as it gets old. In case of redevelopment. ...ie if the building is torn down and a new one constructed in its place all owners will have an undivided share in the land,subject to their area of the floor. Therefore it cannot be stated that the first floor and beyond owners do not have any interest or share in the land. They do have a share in the land and they do have a say in the redevelopment.

Regards

Rahul Mishra
Advocate, Lucknow
13762 Answers
65 Consultations

5.0 on 5.0

1. if there is any such partition deed, then the owner of ground floor will have exclusive rights over the land, subject to easementary rights of the owner of the first floor structure

2. the owner of first floor structure thus cannot claim any right in the land or in the developmental potential of such land

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

He will have the access rights if decided in partition deed if not then you need to again seek directions of court for the same

Prashant Nayak
Advocate, Mumbai
27291 Answers
88 Consultations

4.4 on 5.0

Dear Client,

This depends on how property is acquired and between whom partition is effected ?

In normal course and legally enforced - Owners occupied land in proportionate - 2 owners than 1/2 each, 4 flats in single plot - 1/4th area each.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. The proportionate share of the land on which the building has been constructed will be owned by the owner of the 1st floor.

2. The owner of the 1st floor will have the right to use the rest of the land for accessing his flat at 1st Floor.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

Dear,

As per partition deed, as you mentioned land is given to the ground floor owner,

so it is clear that roof's right is with first floor owner.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

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