FLOOR HOUSES WITH TERRACE SOLD TO SECOND FLOOR | Vkeel - Free Legal Advice

Vikas Khattar

Ghaziabad

our building as 3 floors and Terrace . I bought first floor . owner on ground floor and second floor has been sold with roof right to other person . Query whether roof right can be sold ? if yes what will be the definition of common area in that Terrace . As we have common duct / shaft and I want to install Air conditioner outdoor unit on top of duct , which 2nd floor owner refuses and called police, where as I was just discussing with him .2nd floor owner is short tampered Need legal advice with any justice precedent has been given in cases like this .

Expert's Answers(3)

Advocate S A H Zaidi
Mira Bhayandar, Maharashtra

First of all you check the document what rights and how much area has been defined in the Agreement to sell by your owner to new person. Once you get that than we will be more properly come to know the issues why he is objecting. File a suit in court and get a declaration for usage of terrace which is common to all the residence in the building.

May 19, 2018
Advocate N Karthikkanna
Madurai, Tamil Nadu

60 Client Ratings

You should be cautious in common area clause in the agreement.. Now claiming equal right would be tougher, however for some indispensable usage u can claim easement right, which covers the partial use for some purpose, Ac outdoor unit may cover.. You need to file a suit..

May 19, 2018