Original landlord has no roof rights. Any construction has to be done as per the sanction plans. Original landlord has no rights on the basement.

In the  absence of any specific agreement as to exclusive ownership, everything will be proportionate, including roof rights  and basement rights .

It’s proportionate and you need to follow all regulations 

Key Considerations:

1. No Mention of Roof Rights:

   • If the sale deed of any floor does not explicitly mention roof rights, these rights typically remain with the original landlord unless otherwise agreed upon.
   • The absence of mention does not automatically transfer roof rights to the buyers of upper floors.

2. Basement Construction Rights:

   • Similar to roof rights, if the sale deeds do not explicitly transfer basement rights to the buyers, these rights generally remain with the original landlord.
   • During reconstruction, unless all parties explicitly agree otherwise, the basement rights can be claimed by the original landlord.

3. Reconstruction and Future Construction Rights:

   • If reconstruction is agreed upon and involves additional construction beyond existing limits (if permissible in the future), the right to construct additional floors or use the roof would likely depend on:

     • Agreements among all co-owners.
     • Proportional ownership (based on floor area or agreed shares).
     • Any legal agreements or clauses added during the reconstruction process.

Legal Interpretation of Roof and Basement Rights:

1. Roof Rights:

   • As per property law, unless roof rights are explicitly transferred in the sale deed, they remain with the original owner.
   • Buyers of upper floors cannot automatically claim roof rights unless such rights are explicitly mentioned in their deeds.

2. Basement Rights:

   • Similar to roof rights, basement rights remain with the original landlord unless explicitly mentioned in the sale deed.

3. Proportional Ownership:

   • If the reconstruction involves demolition of the existing structure and rebuilding, the newly constructed property (including basement and potential new floors) could be subject to proportional ownership unless explicitly decided otherwise by mutual agreement.

Answers to Your Specific Questions:

1. Future Right to Construct Above the Roof:

   • If and when permission to construct above 4 floors is granted, the right to construct will remain with the original landlord unless:

     • Roof rights were explicitly transferred to an upper-floor buyer in the sale deed.
     • All co-owners reach an agreement to share or allocate the right.

2. Right to the Basement During Reconstruction:

   • The original landlord retains the right to the basement unless:

     • The basement is included in the shared property during reconstruction.
     • A proportional sharing arrangement is agreed upon among co-owners.

Practical Steps to Protect Your Rights:

1. Mutual Agreement:

   • All co-owners should execute a formal agreement clarifying the rights to the roof, basement, and any future construction. This prevents disputes.

2. Update Property Documents:

   • Ensure that any agreements made during reconstruction are legally documented and registered.

3. Seek Legal Guidance:

   • Consult a property lawyer to draft agreements and interpret existing deeds to confirm ownership rights and protect your interests.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

To address your query regarding the right to construct above the roof and the right to construct a basement in the absence of any explicit mention in the sale deeds, here's a detailed breakdown:

1. Right to Construct Above the Roof:

In the absence of any specific mention of roof rights in the sale deeds of the individual floors, typically, ownership of the roof would remain with the original landlord (your sister, in this case). However, it is important to consider the following:

• Nature of Roof Rights: If the sale deeds of the second and third floors (which were sold to the respective buyers) do not specifically mention roof rights, this usually means that the rights to the roof, including any future construction, remain with the owner of the ground floor or the original landlord.

• Proportional Rights: In some cases, even if there is no explicit mention, proportionality can be inferred. For example, if the ground floor owner decides to build additional floors above, the rights to the roof could potentially be shared with other owners on the basis of the area they own. However, in the absence of clear terms in the sale deed, such a right is typically assumed to lie with the original owner (in this case, your sister). This would depend on the local laws and regulations, as well as any agreements that may exist between the owners of the floors.

• Permission for Future Construction: If permission to construct above the 4th floor is granted in the future, and if there is no specific agreement in the sale deeds, the original owner (your sister) may have the right to apply for the construction or decide how the space above the 4th floor is used, unless the other floor owners jointly claim rights to it.

2. Right to Construct Basement:

• Proportionality: In the case of constructing a basement, the right would typically be proportional to the area owned by the respective floor owners, unless otherwise agreed upon in the sale deed. If the basement construction is not mentioned in any of the sale deeds, it would be treated as part of the overall common property and would be subject to decisions taken jointly by all the floor owners.

• Original Landlord's Rights: The original landlord (your sister) may have certain rights to the basement, particularly if the sale deeds do not specify the use of common areas or future constructions. However, if the owners of the other floors have been using the land together, they could argue for shared ownership of any new construction, including the basement.

• Legal Precedent: In general, in the absence of explicit rights in the sale deed, the right to construct would likely be subject to the joint consent of all floor owners. The original landlord may have a claim, but it would be proportional to the shares of the property. This would depend on how the land is jointly owned and local property laws.

Recommendation:

To avoid future disputes, it is advisable to have a legal agreement or amendment to the existing sale deeds to clearly specify the rights to the roof and basement. This will provide clarity on future construction rights, particularly if the laws change to allow construction above the 4th floor or the addition of a basement.

It would be prudent to consult a property lawyer to clarify these issues and potentially draft an agreement that ensures all parties' interests are protected.

The roof is a common area for all occupants of a building, and the landowner does not have exclusive rights to it

The Real Estate Regulatory Authority (RERA) considers the roof to be a common area

It is illegal for a flat owner to sell or put the roof to exclusive use. 

Dear Client,

As there is no mention of roof rights or basement rights in the sale deeds of the property, these rights usually remain with the original landlord or their inheritor (you in this case). Roof rights are not automatically transferred unless explicitly stated in the sale deeds, meaning the right to construct additional floors, if permitted in the future, would belong to the original landlord. Similarly, the basement being a part of the undivided property would remain under the ownership of the original landlord unless proportionate rights are agreed upon by all co-owners. For this reason, it is better to draft a legal agreement among all co-owners regarding the rights and responsibilities related to the roof, basement, and any potential reconstruction. Consult a property lawyer to formalize these.

Hope that this helps you to solve your problem.