2nd Floor is ours, Roof above 2nd Floor is ours (As we have all Roof Rights too). We Have 1 Drawing Room and a Room as current build-up and remaining Roof above 1st Floor rooms is our Terrace. We want to build Rooms over the terrace of 1st Floor, is there any complications here even after having all rights of 2nd Floor. Please clarify.
Whose mistake was it to withhold the details pertaining to the question while posting queries seeking clarification.
Had you posted the above details with your original query you could have avoided the unpleasant situation.
Well in the given situation, until you are not planning to build a structure in the common area there should not be a problem to build an additional structure in the open or vacant plot that belongs to you absolutely. If you have the terrace rights of the first floor and roof rights of second floor then what is that stops you from obtaining a plan sanction or approved for further construction, by the authorities. In my opinion you may proceed with your proposal.
My Second Question is, after having NOC from all owners and all necessary building Plans and approvals from MCD, can other owners still hinder the progress of construction? I do NOT want any legal complications once work is started.
The other owners after giving NOC cannot object or hinder the progress of the proposed construction.
As a matter of fact there is no necessity to obtain NOC from others for constructing additional structures in your place when they do not have any rights or semblance of interest in it.
During the process or progress of the construction, if you anticipate some mischief by any of the mischievous owner, you may file a caveat in advance against them so that they do not obtain any exparte injunction against you.