Open space around the building
I'm the owner of ground and first floor of a four storey building in delhi considering myself as first party. We have 50% uds on the plot of land with the second and third floor owners let's call them second party
The second party have 50% unspecified undivided share on the plot of land with roof rights
They claim that they have 50% right on The open space around the building including (the front and rear setback ) and they want to park their vehicles on the front setback and use it as driveway and need a seperate way to access rear setback on ground floor as they have 50% uds on plot
As per partition deed documents entire ground floor first floor without roof rights with rights of common entrance,passage and stairs from ground to first floor there in the property with the freehold rights of the same has fallen into the exclusive share of ground and first floor owner(first party) and entire second floor third floor with exclusive roof rights with rights of common entrance,passage and stairs from ground to top floor therein the property of the same has fallen into the exclusive share of second party(second and third floor owners)
Does front and rear setback on the ground floor and open space around the building belongs to every owner of the building?