Submit your objections to MCD not to permit any construction on terrace that building is over 25 years old
2) other flat owners should get together and obtain stay order
Construction of 3rd floor
I live on the FF of the building and I have common terrace rights in my deed. The building is basement+ G+2 Residents living on Basement, Ground and Second floor don't have roof rights with them. They were sold the property without the roof rights. Now the terrace was earlier owned by the individual who owned Basement, Ground and Second Floor but now as mentioned earlier has sold all the units and kept rights of the terrace with him. The building is more than 25 years old. Now he has sold the terrace rights to another third party. He is wanting to start construction of the third floor. What are my rights as 1/3 owner of the property and not to allow them to construct the same. This comes under the MCD region in South Delhi
Asked 9 months ago in Property Law
Religion: Hindu
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8 Answers
1. File in the jurisdictional Court for quashing the sale deed executed by the individual who has sold terrace rights to a third party..
2. Since you live in FF of the building with common terrace rights in deed, bring an Injunction Order from the jurisdictional Court to prevent thirdo party from going ahead to construct third floor, as you have 1/3rd ownership of the terrace.
3. Prior to this send a legal notice to the earlier owned by the individual as also the person who bought terrace rights to resolve the issue in getting your 1/3rd rights over the terrace.
- As per the information mentioned in the above query, makes it clear that you were or would say have been having the common rights.
- As you have mentioned that they are about to start the construction, you are not at the obligation to serve them a notice first then would approach the court of law.
- You should approach the court of law as of now on immediate basis by filing a Suit for Injunction from carrying out, any sort of construction over the roof.
- Thereafter, once the suit is filed then if necessary, make the MCD as party in the suit for taking any required stringent action against the wrong doers.
The terrace is a common area, all the flat owners of the complex are entitled to a share in the terrace at par with each other hence nobody has any exclusive rights over the terrace especially to construct any structure on it.
The earlier person who sold his flats also had common rights in this common area i.e., the terrace. He did not enjoy any exclusive rights over the terrace hence the subsequent purchasers cannot claim any exclusive rights in the terrace to construct any structure on the terrace.
You can make a complaint with the local civic body about this illegal construction and seek its intervention to stop the proposed construction.
Also, since it is a common area and you also have a right in the terrace which is as old as 25 years, you can approach court with a suit for permanent injunction restraining him from making any construction in the terrace area.
- A terrace is a common area of a residential building which is for the enjoyment and benefit of all its members.
- Further, no construction work can be done by a particular resident on the terrace
- Hence, you can lodge a complaint before the MCD before it starting of the construction
- Further, you can also file an Injunction suit before the court for restraining him from constructing any structure without getting your consent.
Immediately file a civil suit for injunction and declaration before the civil court of your area along with an interim application for Temporary Injunction under Order XXXIX Rule 1 & 2 Civil procedure Court, 1908.
also file a complaint against the present owner in MCD that without approval of MCD he should not start construction.
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Yes as per your right in property you can seek injunction from court
Dear client
Here's a breakdown of your situation and some general points to consider:
Your Rights as a Co-Owner with Common Terrace Rights:
Deed Provisions: Your deed mentioning common terrace rights strengthens your position. It indicates shared ownership or usage rights over the terrace.
MCD Regulations: Building codes and regulations in South Delhi by the Municipal Corporation of Delhi (MCD) might restrict adding floors without proper approvals and adherence to structural safety standards.
Potential Challenges to Construction:
Co-Owner Consent: Since you're a 1/3 owner and have documented terrace rights, their construction on the terrace without your consent might be challenged.
Building Codes: Adding a floor might violate local building codes or require specific permissions and structural assessments, potentially delaying or halting construction.
Possible Courses of Action (Consult a Lawyer):
Negotiation: Discuss a solution with the new terrace owner and other co-owners. This could involve compensation for your share of the terrace or revised construction plans that respect your rights.
Mediation: A mediator can help facilitate a mutually agreeable solution.
Legal Action: If negotiations fail, you might consider legal action to enforce your co-ownership rights and prevent unauthorized construction. A lawyer can advise on the most suitable course of action.
Additional Considerations:
Review Deed & Building Documents: A lawyer can examine your property deed, building plans, and any relevant MCD regulations to determine the legalities of construction and your rights.
Notice to New Terrace Owner & Co-Owners: Sending a formal notice outlining your concerns and referencing your co-ownership rights might be a good first step.
