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Puneet Sharma (Finance Executive)     27 January 2010

Roof Rights Act

Dear Sir/Madam
 
I need personal advice against my property dispute case.  I will be very pleased if you can help me in this regard.
 
Our Grandfather had one plot in Khirki Extension (Malviya Nagar) which is an unauthorised colony & he constructed it with the help of builder & got 4 flats in his name ( Ground Floor, First Floor, Second Floor & Third Floor) & he transfered these flats to his sons against his will & He Offered us third floor with Roof Rights (Written in our will) but also he gave same roof rights to my uncle who owns ground floor in the same premises.  My Grandfather has expired in Year 2008.
 
Now my uncle is saying that he has roof rights & not allowing us to sale the property alongwith roof & he is trying to sale his ground floor as well as roof.
 
Please help me whether he has right to sale the roof without our concern, Is it legally right or we can do suit against him
 
Please help.
 
Regards
 
Puneet Sharma



Learning

 1 Replies

A V Vishal (Advocate)     27 January 2010

As evident from the query, you have got the flat along with common roof rights which in turn can be alienated by you without requiring any consent from your uncle and vice versa.


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