Roof rights upto sky

vinaykala (Querist) 23 February 2015 This query is : Resolved
dear sir,

my mmother willed the

1. g floor to elder brother

2. first floor to younger brother

and

3. the unconstructed second floor to me.

at that time only two full floors were allowed and so the second floor was left totally unconstructed.

the mother stated in the will that someday municipal laws will allow me to construct a full floor.

i have claimed rights upto sky on the basis of the will.

i would like to cite case laws in my favour.

i have found one asha johri vs neerja rajput of del high court dt 8 may 2014 of chief justice and justice pradeep nandrajog.

i would like inputs on this issue

vinay kala feb 23,15

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P. Venu (Expert) 24 February 2015
What is your problem?

Dr J C Vashista (Expert) 24 February 2015
Vague query.

Vinesh K Chhaya (Expert) 25 February 2015
If no declaration made about roof in will then the all heir have right on roof...

T. Kalaiselvan, Advocate (Expert) 25 February 2015
Agreed with expert Mr.Vinesh K Chhaya that if there is no particular mention about the rights upto sky, the other sharers may also claim a share in it, better come out with more details so that you get a proper reply from here.

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