rights over the topmost floor of house

Querist : Anonymous (Querist) 16 October 2010 This query is : Resolved
DEAR SIR,

MY MOTHER WILLED A HOUSE IN DELHI IN THE FOLLOWING MANNER AMONG THREE BROTHERS;-

1. GF TO ONE BROTHER WHICH WAS CONSTRUCTED BY HER.

2. FIRST FLOOR TO ANOTHER BROTHER WHICH WAS FULLY CONSTRUCTED TOO.

3. THE SECOND FLOOR , ON WHICH NOTHING HAD BEEN WAS WILLED TO ME.

4. AS PER BYE LAWS OF THE MCD PREVAILING AT THAT TIME ONLY TWO AND HALF FLOORS COULD BE CONSTRUCTED.

MY QUERY IS

5. AS THE OWNER OF THE SECOND FLOOR ON THE HOUSE ON WHICH NOTHING HAD BEEN CONSTRUCTED TILL THE TESTATORS DEATH, DO I ALSO HAVE RIGHTS UPTO SKY OVER THE PROPERTY.

I REITERATE THAT THE WILL STATES THAT

1. GF TO ONE BROTHER

2. FF TO ANOTHER AND
' SECOND FLOOR ON WHICH NOTHING HAS BEEN CONSTRUCTED' TO ME.

KINDLY CITE CASE LAWS ON THIS SUBJECT.

OCT 16,10

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adv. rajeev ( rajoo ) (Expert) 16 October 2010
You can construct the building on the floor which is alloted, but go thru., concerned department rules and regulations.

Querist : Anonymous (Querist) 16 October 2010
this is not the reply i seek

my questions is

THAT IF A WILL GIVES YOU TO RIGHTS TO TOP FLOOR OF A HOUSE WHICH IS NOT CONSTRUCTED THEN SUBSEQUENTLY IF THE FLOOR IS CONSTRUCTED, THEN WHO OWNS THE ROOF OVER THIS FLOOR CONSIDERING

THAT TWO OTHER BROTHERS HAVE BEEN GIVEN GF AND FF RESPECTIVELY.

THE QUESTION IS OF LAW

DOES THE TOP FLOOR OWNER OF A CONSTRUCTED TWO FLOOR HOUSE ALSO OWN THE SKY

VINAY KALA

Uma parameswaran (Expert) 16 October 2010
The area which bequeath to you have no any construction at the time of WILL.So you can claim full authority over second floor.

Querist : Anonymous (Querist) 16 October 2010
thanks umaji,

any basis like case laws for this assertion

vk

rights over the topmost floor of house

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