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madhav (na)     26 August 2009

G + 1 Floor Property Distribution Issue

 

My aunt(second wife) possesses an entire ground floor of the inherited property(consists of G+1 floors) from my uncle. First floor house, which has been given to my uncle's first wife's(deceased) daughter as a gift deed. Uncle's daughter has sold it to some other party. 

 

In this case, will my aunt has any right to stop the first floor owner to build one more floor above that. What are the rights & obligations of my aunt in this regards.

Please advise & suggest. Thanks.

 



Learning

 1 Replies

Y V Vishweshwar Rao (Advocate )     26 August 2009

it appears the Gift of First floor is made with Equal Rights in the land under the Building 

It is not clear whether there is  any condition in the Gift Deed not to further construct  in Second Floor  or if further construction is undertaken each  party  is  etitled to Sahre equally the construction 

Teh  Gift Deed in favour of Dauther- terms -  to be verified !

 


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