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rohit (owner)     21 July 2012

Roof rights after and before reconstruction

Hello,

I own second floor with roof rights.Even though I can construct another floor since I have roof rights but I cant as the buiding is quite old and it wont be safe to construct another floor .

My question is-

If the entire house is constructed again,and we(me+owner of GF +FF) construct 3rd floor as well,will I still have rights to the 3rd floor?I am ready to pay the cost of construction for 3rd floor.

Do I have legal rights on 3rd floor after entire house is reconstructed?Can the  owners of GF and FF object to this right of mine?



Learning

 5 Replies

Anish Thakur 7018812737 (advocate)     21 July 2012

your all rights and agrements will go vein once you demolish the construction and raised new one with the other owners of the floors,you have to make fresh agreement with the other owners regarding the rights and ownership of the third floor .

1 Like

rohit (owner)     21 July 2012

Thank you for the promt reply.So what is my legal recourse.

Since I hold roof rights,I could sell the roof to some other owner and then reconstruct?Will the owner of roof have rights in the reconstructed building?Legally could he demand his share in the new agrement?could he be denied?

Could the new agreement be constituted in a way that makes me the owner of 2nd and 3rd floor?A pre-agreement of sorts?I think Agreement is bound to exist at the time of reconstruction?

any other suggestions would be really appreciated.

thank you once again

rohit (owner)     21 July 2012

Could anyone please help me on that?

Regards

Anish Thakur 7018812737 (advocate)     22 July 2012

dear rohit,

there is nothing to worry about in your case

you have to make fresh agreement about the rights and construction of the building including details of the last agreement and ownership title you have .also you hae to make MOU with all the owners of roofa or storys of your building making all things clear including a conditional clause that no one will file suit for injunction during the construction of building ,like giving up all rights of filing injunction suit before starting the condition.

overall your security about the title is depending upon the agreement drafting ,how it will be drafted and shud contain all points.

feel free to call

rohit (owner)     22 July 2012

Thanks...Can the other owners deny me rights and ask for respective shares?Are they legally correct if they ask for share of 3rd floor?Since I held roof rights in old building,I would like to hold it in new too.Can I approach court if they demand the shares or if they dont agree to include my ownership for 3rd floor?


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