Right of Floor owner in the land of property.
I had recently purchased a builder floor in Delhi. It was understanding between the Vendor and Vandee that it shall give 25% share in land of the property instead of the proportionate share of land.
There are Basement, Lower GF, Upper GF, 1st, 2nd & 3rd Floor. As per Bldg. Byelaw only 4 floor can be build apart from Stilted parking. The Seller has build shops in the lower ground floor instead of Stilted parking.
But In the sale deed it has been mentioned that the Vandee has purchased ??Floor along with 25% share in the property No.......(land word is not mentioned therein), excluding share in the lower ground and basement area.
As per above Sale deed, my questions are that:-
(1) As per property law and reading of aforesaid sale deed, do I have clear ownership of 25% share in the land of said property (Plot), even if land word is not mentioned therein?.
(2) Since land word is not mentioned therein, my interest can be hurt in future, when buildings got older and demolished and only plot of land is remain there?.
(3) This sale deed favour whom Seller or Purchaser?.
(4) What benefit Seller can take in future as per this sale deed.
(5) What benefit Purchaser can take as per this sale deed.
(6) As per this sale deed, can I claim 25% share in entire property i.e. 3 floors (apart from my own floor, LGF and basement) plus land, as it is not specified that 25% share will be in land of the property only.
(7) As per property law and wordings, what meaning come out from 25% share in the said property (i) 25% share in entire property or (ii) 25% share in land of property.
(8) Can the seller refuse share in the land of property.
(9) Seller can sell the shops made in the lower ground floor, as separate floor?
(10) My interest i.e. 25% share in the land of property will intact, even if seller sell the all others floors, shops and basement with proportionate share in the land of property.
I shall highly obliged for your early reply.
With Regards,
Rohit Kusagar.