Response

Yes, you can construct third floor over the said property as you have the roof rights. However, I may also mention that one has to see your Agreement to Sell/Sale Deed that upto what extent you have been given roof rights by the builder. Further, you need have take permission and plans approved for carrying out construction over the said property from DDA/MCD.

you can make third floor once you are having roof rights.. you need not ask the other floor owners about it.. as you said your society of colony is already having three stroried structure.. you need permission of the DDA and MCD for construction.

yes . You can construct third floor, without taking any permission from other floor ocuments of the property. the legal way to construct is to apply for sanction of site plan of the proposed third floor to the municipal corporation of your area. after completing all the formalties they shall issue snctioned site plan to you. Thereafter you can raise construction.

Roof comes under common area, cannot be sold or put to exclusive use by any flat owner. You can file civil suit in court to obtain common roof rights.
This means the construction will be allowed only for Ground+3 floors. In a major relief to the property owners, the Supreme Court in an interim order allowed construction of the third floor on the houses in the residential colonies in the Capital.

Reference: Civil Procedure Code

202100214-20210042-19579

LAWAYZ-2023-394