Rights over Roof Or Terrace in jointly owned property

What are my rights to the roof if I share the property with my brother?

Answer (1)

Team Legistify

  • Sector-1, Noida

Basically, terrace forms part of common area for benefit of all flat owners. No construction can be carried on in terrace without the consent of all co-owners of the building. In the case of Bihari Lal Jalan vs. DDA, the Delhi HC held that common areas or portions must remain common to all the allottees and cannot be grabbed by any particular allottee for their exclusive use.

Answered on 28 Sep 2018


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