Do Delhi Flat owners in a 3 level built house have proportionate rights in the plot it`s built on?
The original plot of 300 sq yards in Delhi on thois freehold plot, was built by a gentleman, who passed the GF and the SF (With Terrace Rights) to his younger son and the FF to his elder son.
My brother owns the GF in the building and I have the Second Floor (SF) with Terrace rights. I understand that in order to construct 3RD Floor in Delhi, I don`t need GF`s or FF`s permission, except for MCD`s permission.
I intend to have a lift starting from GF (at the rear of the house), going upto my SF and the planned Third Floor. My question is that do I have some sort of a Right to, say, 6 feet X 6 feet area at the back yard of his GF unit for the Lift to come up?
The plot area is 200 sq yards. His built up area is around 1700 sq feet (he has just expanded his built up area which was same as ours at 1400 sq feet, to 1700 sq feet, ILLEGALLY).
In the set of papers and Registration, there is no detailed mention of division of Plot, except for Gifting the respective portions to the Gentleman`s two sons).
Thanks in advance.