Roof right of the private property
3 months ago
My Grandfather owns a residential property with 14 commercial shops attached with the same property at ground floor under the roof which is attached to residential area. Now my Grandfather has passed a registered will for the property in which he has given 4 shops to my family relative and all other 10 shops and residential area is given to my mother. Soo, my query is whether my relative has any right over the roof area if roof area is not mentioned with the 4 shops in the registered will?
A.Dear Client,
The roof of a room or building is not explicitly mentioned in any deed or Will. An owner of a room or shop are the owner of both floor and rooftop and gets an unfettered right to use the same. Even in a multistoried building, the rooftop is marked as a common area for the purpose of use by all the floor/flat owners. So, your relative has right over the roof area of their shops.
The roof of a room or building is not explicitly mentioned in any deed or Will. An owner of a room or shop are the owner of both floor and rooftop and gets an unfettered right to use the same. Even in a multistoried building, the rooftop is marked as a common area for the purpose of use by all the floor/flat owners. So, your relative has right over the roof area of their shops.
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A.Dear Client,
The distribution of property as outlined in a registered will is legally binding, and it typically specifies the portions or assets each beneficiary is entitled to inherit. In your case, since the registered will allocates 4 shops to your family relative and does not explicitly mention the roof area, it is likely that the roof area is not included in your relative's share.
However, to ensure clarity and avoid potential conflicts, it is advisable to consult with a legal professional who can carefully review the terms of the will and provide precise guidance based on the specific details of your case. Additionally, if there are any concerns or disputes, legal assistance can help resolve them amicably and in accordance with the law.
Thankyou
The distribution of property as outlined in a registered will is legally binding, and it typically specifies the portions or assets each beneficiary is entitled to inherit. In your case, since the registered will allocates 4 shops to your family relative and does not explicitly mention the roof area, it is likely that the roof area is not included in your relative's share.
However, to ensure clarity and avoid potential conflicts, it is advisable to consult with a legal professional who can carefully review the terms of the will and provide precise guidance based on the specific details of your case. Additionally, if there are any concerns or disputes, legal assistance can help resolve them amicably and in accordance with the law.
Thankyou
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