Roof right - owner of a two storied building
1 year ago
Being the owner of a two storied building in Kolkata my mother gave the first floor to my elder brother by a gift deed. After three years she gave me the ground floor to me by a gift deed. In both the deed there is no specific mention about common access to the roof as easement. Now after five years does she has still have ownership right on the roof so that she can give the roof to my sister by another gift deed ?
A.Dear client,
Roof Rights . A demarcated portion of the top roof of the Said Building shall remain common to all owners of the Said Building (Common Roof) and all common installations such as water tank and lift machine room shall be situated in the Common Roof. There are no provisions where you can just gift deed the roof as it is the common area for all the owners.
Roof Rights . A demarcated portion of the top roof of the Said Building shall remain common to all owners of the Said Building (Common Roof) and all common installations such as water tank and lift machine room shall be situated in the Common Roof. There are no provisions where you can just gift deed the roof as it is the common area for all the owners.
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A.Dear Sir,
Yes, because your mother reserved her rights in respect of roof but exclusive rights cannot be given to your sister by another gift deed. It must be enjoyed by yourself and your sister commonly.
Yes, because your mother reserved her rights in respect of roof but exclusive rights cannot be given to your sister by another gift deed. It must be enjoyed by yourself and your sister commonly.
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Subhashis Paul
Responded 1 year ago
A.The roof right shall be vested upon you two brothers only as the common right as it is a common part of the whole building... Hence your mother cannot separately gift the roof to any third party as she has no more ownership right over the said roof of that property.
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