KAMAL KUMAR (SERVICE) 07 November 2011
Two siblings get ownership of Ground Floor and First Floor respectively of a 1 1/2-storied house through a Will. The Will is silent about Terrace Rights & Roof Rights of the property as well as 'Further Construction on First Floor'. In such a situation, in accordance with Applicable Laws / Court Judgements, how will the following be shared:
1. Terrace Rights of First Floor
2. Roof Rights of Second Floor & beyond
3. Right for Further Construction on First Floor.
Please also give citations
Thanks
SURESH GODBOLE (ADVOCATE) 07 November 2011
Seems the Will intention was to divide the property EQUALLY
If there is a direct entry to the second floor from ground and first floor (same stairs) then the Terrace on First Floor (i.e. after reaching at the top/terrace of the First Floor ) that space is for both use commonly
The vacant portion of the First Floor is of the sole ownership of the First Floor Owner
The parking space at Ground Floor (if any) has to be commonly used if NO TWO ENTROIES TO THE PLOT ARE AVAILABLE
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
