• Construction of 2 rooms at roof without disturbing water tanks

We are the owners of the top floor (3rd floor) Free hold DDA Flat in GH-12 Paschim Vihar, New Delhi. We intend to construct two rooms on the roof top without disturbing the water tanks of all the floors i.e. ground first and second. My query is as to what is the right of the owner of the other floors on the roof top, Can the ground floor occupant claim his right to construct one room on the roof top towards his proportionate share legally.
Asked 3 years ago in Property Law from New Delhi, Delhi
Hi, you can't construct room in Terrance floor  it is common to all unless there is contract to the contrary.
Pradeep Bharathipura
Advocate, Bangalore
4199 Answers
149 Consultations
4.3 on 5.0
roof top is generaly commmon to all ,but still depend upon ownership rights
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
you cannot carry out any further construction on terrace without prior consent of other flat owners . your plans should be sanctioned by DDA and building should be in condition to bear load of 2 additional floors
Ajay Sethi
Advocate, Mumbai
27218 Answers
1480 Consultations
5.0 on 5.0
terrace forms part of common area for benefit of all residents
Ajay Sethi
Advocate, Mumbai
27218 Answers
1480 Consultations
5.0 on 5.0

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