• Roof right

In a builder house with 3 floors and two servant rooms on the terrace. The builder is claiming rights on 1servent room. What is his legal right when the all 3 floors have been sold and registered.
Asked 7 years ago in Property Law
Religion: Hindu

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3 Answers

Terrace forms part of common area for benefit of all flat owners

Builder has no right on servant room on terrace

Ajay Sethi
Advocate, Mumbai
97332 Answers
7864 Consultations

The respective sale deeds of the flat owners of the all 3 roofs will have be checked to find out whether the said servant room is sold to any0one or not and if not whether the same is considered as common area or not.

If answer is no then the developer will still be considered as the owner of the left out servant quarter.

Devajyoti Barman
Advocate, Kolkata
23300 Answers
520 Consultations

The sale deed document is to be seen the what all rights have been sold to the purchasers.

If there is a roof right mentioned in the registered sale deed, then the builder cannot claim the same.

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

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