When there is sale deed for third floor, it is freehold property. So far as roof rights are concerned it is necessary that every right should be explicitly mentioned. It is advised that sale deed should mention second floor with roof rights and third floor with roof rights. As property on each floor is considered a distinct property for sale transaction.
Urgent clarification needed regarding DDA floor wise conveyance deed
I am talking about the floors on a DDA plot .Separate conveyance deed for ground floor and first floor have been executed. Now I want to talk about Second floor. As DDA has allowed floor wise Freehold (conveyance deed) So, if the owner has ownership of second floor with roof rights then in the conveyance deed "Second floor with roof rights" should be mentioned? OR just "Second floor"? The reason for asking the above question is that the builder constructed Third floor on the roof of the second floor. I am planning to buy this Third floor (seller has shown me a registered sale deed for this third floor and conveyance deed for Second floor where only "Second floor" is mentioned). Will this Third floor be considered as Freehold or Leasehold? Please through a light on this
Asked 2 years ago in Property Law
Religion: Hindu
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8 Answers
Second floor with roof rights should be mentioned if owner has ownership rights of second floor with roof rights
2) if you are buying third floor then registered sale deed is executed you would be absolute owner of third floor
3) sale deed would mention whether it is freehold or leasehold
If the roof or terrace rights are not mentioned specifically in favor of the owner of that particular floor then perhaps he may not be eligible to construct additional floor over his terrace without NOC from other floor owners and permission from the local civic body.
Hence you may first refer the property documents before an experienced lawyer in the local and obtain a proper legal opinion before venturing into the purchase and proceed only if recommended.
Actually the owner of Second floor got the ownership of Second floor through Relinquishment deed. She got the roof rights of second floor with construction rights upto the sky through Agreement to Sell, GPA and Will. In this manner she became the absolute owner of Second floor along with roof rights. Now in her Conveyance deed of second floor it is mentioned "Second floor" ONLY whereas Bank's legal team as we have applied for Loan is saying that in Conveyance deed it should be written as "Second floor with roof rights" instead of "Second floor". We are planning to buy third floor which is built on this roof. In this case will the third floor be considered as Freehold or not? Whether DDA mentions roof also in the conveyance deed or only floor is mentioned?
Asked 2 years ago
It should have mentioned second floor with roof rights as mentioned by bank legal team
3)third floor would be considered as free hold
If the title document is defective either you may get a registered rectification deed rectifying the error or you may not apply for loan because the bank may not grant loan if the title is defective.
Only floor is mentioned.
Dear Querist, in relation to your query my opinion is as follows:-
1. Previously, DDA or any other private builder used to sell floors and roof rights separately but these days after many judgement of Hon'ble Supreme court it is very well stated that the roof rights can't be sell separately but with the floor only.
2. While doing agreement please mention that you are buying third floor along with the roof rights.
3. In case you don't mention "Third floor+ roof rights" other floor owners can put their claim on it. So, it is advisable to mention it specifically.
4. There are many judgements which make the owner of second floor absolute owner of roof rights as well.
For any further query, feel free to call.
Dear Sir/Ma'am
The deed should have mentioned second floor with the roof.
If this is a mistake, see if can be rectified and registered else the deed is only for the second floor.
Thank you
