• Right on land for first floor owner

According to my uncle's will first floor rooms are for me and my brothers and ground floor and land for our cousins do we have any right on land ?
Asked 1 year ago in Property Law
Religion: Christian

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11 Answers

You don’t have any right on land as per your uncle will 

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

Was land in your uncle name 

 

if he was absolute owner of land he is at liberty to bequeath land as per his will 

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

If that property is belongs to ur father also .. then you will get equal share of the property ownership.. 

Kavery Anand Pandharpurkar
Advocate, Bangalore
336 Answers
12 Consultations

All owners will have sharing ration according the Built-up constructed flats/Building on the plot.

 

For e:g if its Stilt construction building of 3 Floors and all three floors has different owners than all owners will have shares in the plot area according to their flat sq ft ratio.

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

The first floor or the above floors did not come into existence on its own, if the ground floor occupant would like to demolish the ground floor then how can the occupants of the floors above will survive, hence the occupants of all the floors have a  right in the floor beneath the structure. 

T Kalaiselvan
Advocate, Vellore
87119 Answers
2338 Consultations

Whether the testator had specifically mentioned about a share in the land beneath the structure to the occupants of the floor above ground floor or not, it is implied that occupants of first floor and above have equal rights in the land underneath 

T Kalaiselvan
Advocate, Vellore
87119 Answers
2338 Consultations

A will is a legal document that expresses the wishes of a person regarding the distribution of his or her property after death. A will is valid only if it is made by a person who is of sound mind and free from undue influence, fraud or coercion. A will is also valid only if it is attested by two or more witnesses who are not beneficiaries under the will.

In your case, since your uncle’s will has given you and your brothers the first floor rooms and your cousins the ground floor and land, you have to respect his wishes and abide by his will. You do not have any right on the land unless your uncle has given you any such right in his will or by any other means. However, you have some rights as the first floor owner, such as:

  • The right to use and enjoy your property without any interference or disturbance from your cousins or anyone else.
  • The right to repair and maintain your property as per your needs and preferences.
  • The right to access and exit your property through the common staircase, passage or road without any obstruction or hindrance from your cousins or anyone else.
  • The right to claim a share in the common expenses and amenities such as water, electricity, security, etc., that are incurred for the benefit of the entire building.
  • The right to seek partition of the building if you are not satisfied with the arrangement or if there is any dispute or conflict with your cousins or anyone else.

Muraleedharan R
Advocate, Trivandrum
373 Answers
2 Consultations

You have not been bequeathed any undivided share in land 

 

2) will is clear and unambiguous 

 

3) ground floor and land has been bequeathed to cousin only 

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

You are right in your understanding.

You are entitled to a share in the land underneath the structure.

If someone objects to tht you can file a suit for declaration of title to your entitled share in the  land underneath the building on the same logic and reason what you have discussed 

T Kalaiselvan
Advocate, Vellore
87119 Answers
2338 Consultations

Sir/Madam,

You seems to be confused a bit. The intention of the testator is to avoid any confiict and that's why he gave right of land to other person and rooms at ...floor to other portion i.e.you. It does not mean that you may reach to proeperty in air. Rather, you may use the land in restricted way, i.e. parking, entrance etc. but cannot make any permanent construction. 

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

Greetings of the Day,

I have read your issue but find that there are some facts which need to be clarified. You can approach on either nine two one two one two four five eight five or seven zero four two eight three three six eight six for personal approach.

We Hope that a personal consultation would be fruitful to the issue and it would be better for you to talk to someone directly.

Best Regards

SPS Law Chambers
New Delhi.

Shivam Bansal
Advocate, New Delhi
131 Answers

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