Legal Question in Construction Law in India

We are the owners of the top floor (3rd floor) Free hold DDA Flat in GH-12 Paschim Vihar, New Delhi. We intend to construct two rooms on the roof top without changing the water tanks of all the floors i.e. ground first and second. My query is as to what is the right of the owner of the other floors on the roof top, Can the ground floor occupant claim his right to construct one room on the roof top towards his proportionate share legally.


Asked on 4/24/14, 11:28 pm

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

25.04.22014

Dear Sir / Madam,

If it is an ownership property, all residents have an equal right of access to the terrace. Any construction thereon has to be done with the written consent of all the residents and the local Municipality.

Regards,

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Answered on 4/24/14, 11:32 pm
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

It is illegal to construct any structure on a DDA flat. so the question of the other parties right does not arise at all. The MCD will never permit any structure to be built thereon. You may drop in a detailed query at [email protected]

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JSR/25414

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Answered on 4/25/14, 12:23 am


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