Dear all
We are two brothers and own a free hold plot of 250 square yards in Delhi on which exists a three floor constructed house. I have 1/3 share in plot with ground floor and my brother has 2/3 share in land along with 2nd and 3rd floor. A builder has offered to re-build house to include Parking on stilts, Ground,1st, 2nd and 3rd floor on the said plot with lift as per existing bye laws in Delhi. He will provide Ground floor to me, keep 1st floor with him for his use/selling and give 2nd and 3rd floor to my brother. Rules in Delhi permit construction of basement too for which my brother is not interested but I am. I plan to pay builder for the construction of the basement which I can use for my office/ misc purpose. My brother wants to have terrace rights exclusively to him.
Please advise following:-
a. Should terrace rights be admissible to all floor owners in proportion of their ownership of floors in the building?
a. Does terrace rights empower my brother to construct further floor once rules permit or will he require to seek NOC from all other floor owners? Will further construction on terrace change share in land?
a. Ideally, if four floor house building exist with parking on stilts in common, each floor owner has ¼ share in plot. However, what will be the share in land of plot for owners if my brother has 2nd &3rd floor with terrace rights, builder has 1st floor and I have of ground floor with basement?
a. Does basement and terrace rights have an impact on land share in plot.
a. Can any other floor owner have any objection on my ownership of basement for whose construction I plan to pay?
Regards
