Selling of roof right
joydeep chatterjee
(Querist) 12 November 2013
This query is : Resolved
we have a two stroied building in kolkata whose ground floor we have sold 2 years back.We stay in the 1st floor.Now we want to sale the 1st floor as well as roof right.when we sold the ground floor, in the sale deed we have clearly mentioned that roof right will be exclusively with us and we can make construction in future but they (ground floor owner) can use it for common purposes.Now my question is can I sale right of roof separately to somebody else.If yes then what precautionary measure I have to take before selling.Pls reply me at the earliest.
Thanking you in anticipation
regards
joydeep
Devajyoti Barman
(Expert) 12 November 2013
It appears that the roof right to ground floor owner is only permissive. However the actual language of the sale deed is key to this as common right may pose hindrance in future sale of the roof.
If the actual right over roof is solely vested in you by way of the said sale deed then you can sell the roof right to any one you choose.
In other words the content of the sale deed of ground floor is determining factor in this problem.
arunprakaash.m.
(Expert) 12 November 2013
Trasfer of Property contains bundle of rights. In your previous sale deed with the Ground floor if you specifically excluded terrance rights then you can sell your terrace rights to anybody.
Rajendra K Goyal
(Expert) 12 November 2013
Consult a local lawyer and show him the documents.
ajay sethi
(Expert) 12 November 2013
obtain consent of ground floor owner to avoid legal complications in future
Raj Kumar Makkad
(Expert) 12 November 2013
Well advised by experts so no more to add.
