Construction on open terrace

Show the document of "Gift Deed" to a local prudent lawyer for analyzing the facts and professional advise.

In your past queries, guidance was given that the gift deed is for a specific portion as stated in the schedule. i.e.building and not vacant or other construction like staircase etc.  As suggested by Dr.J.C.Vasishta, if you are not convinced, instead of posting the query once again, contact a local advocate as he is the person to ultimately deal with the case.  First, get approvals and commence construction, if the donee objects, seek police protection.

The terms, coditions and covenants of the gift deed will play a major role in the decision to the ownership of the terrace space.

You are repeating the same query again and again, in spite of the unequivocal legal position that the terrace constitutes common area and you have no exclusive claim to use or develop the common area.

As far as the donee of the gift is concerned, his rights are restricted to the covenants mentioned in the registered gift deed alone. He cannot claim any other benefits to which he is not entitled or which have not been prescribed in the gift deed.

If he is still creating problem, you can file a suit for bare injunction or mandatory injunction to restrain him from interfering in your possession and enjoyment of the property including the proposed construction activities and n application for an ad interim injunction on the same line to restrain him till the disposal of the main suit.