• Valuation of 3rd Floor

‘X’ , ‘Y’ and ‘Z’ owns G.F , F.F and S.F respectively in a three story house in South Delhi with common access rights to terrace , driveway and other common areas.  But recently ‘Y’ constructed another floor (3rd) on top of the S.F entirely with its own cost.

1.	Does ‘X’ and ‘Z’ has ownership right on the newly constructed 3rd Floor ?

2.	How much ‘Y’ needs to pay to ‘X’ & ’Z’  to buy their rights in the newly constructed 3rd Floor ?
         a.	Does ‘Y’ pay ‘X’  &  ‘Z’  , 1/3rd the value of entire 3rd Floor on the Market rate or Circle         
                 Rate minus the Construction cost borne by ‘Y’ ?
        b.	Or does ‘Y’ pay only for the terrace rights of ‘X’ and ‘Z’? 

3.	Now what happens to the terrace rights of ‘X’ , ‘Y’ and ‘Z’ above newly constructed 3rd Floor.
Asked 5 months ago in Property Law from New Delhi, Delhi
Religion: Hindu
1) terrace forms part of common area for benefit of all co owners 

2) X and Z have ownership rights on newly constructed third floor 

3) one third market value  has to be paid by Y to X and Z after deducing construction costs 

4) terrace above 3rd floor all co owners have right to access and does not belong only to Y 
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
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1.  The registered sale deed of each owner shall have a menin about the roof or terrace rights. You may verify the contents.



2.  If at all there is an agreement between all the owners about the terrace rights an sharing, then the consensus arrived at among themselves shall be binding once the agreement is registered.



3.  An agreement to that effect also has to be made in the present agreement to sell their rights of the terrace above second floor.

T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
Dear Concerned,

Please clarify which floor is owned by Y. 

Assuming Y owns second floor, he can construct third floor,if the construction  is completed after taking proper approvals from the concerned authorities and all the investments for this construction has been done by Y then he keeps the ownership of the third floor. However,there seems a gap where if all the floor owners had common right to access the terrace on second floor Y should have taken NOC from X and Z(need to see the sale deed of all the three owners)

Now, in current situation X and z still have the right to terrace which has now moved to third floor, as far as paying any money by Y is concerned it can be commented only after checking the sale deed documents of all the three.
Atulay Nehra
Advocate, Noida
424 Answers
15 Consultations
4.7 on 5.0
yes all 3 would have equal share in the terrace as it forms part of common area for benefit of all members
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
1) terrace forms part of common area for benefit of all co owners

2) all would have equal share in terrace
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
If all the owners have equal rights on the terrace then the SF owner should have sought consent of other owners to construct third floor from other owners besides plan approval by the authorities concerned. 
You may file a mandatory injunction suit against the SF owner for demolition of  the additionally constructed floor if he is not coming to the terms of settlement.. 
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
Please send a copy of sale deed of all 3 owners to our email id as without looking at the papers it is not possible to reason out how come a person who owns FF has managed to construct on the terrace (assuming he has covered the entire terrace).
Atulay Nehra
Advocate, Noida
424 Answers
15 Consultations
4.7 on 5.0

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