Open terrace allotment

Pravin (Querist) 05 May 2012 This query is : Resolved
Sir,

My Query is we have purchased a flat in maharashtra the Flat scheme has two terrace and on our demand the builder has alloted us one terrace and the other one is open to all which is mentioned in our sale deed also my query is whether the builder can allot any of the terrace to the Flat owner and the other can object or not .... and if yes can we deposit tax for that open terrace or not .....

thanks
Pravin

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ajay sethi (Expert) 05 May 2012
builder cannot sell open terrace to flat owner . once society is formed members will object to the same .

ajay sethi (Expert) 05 May 2012
. The law and BMC regulations are quite clear in this matter that the terrace of the society building can not be sold, and is absolutely ment for the benefit of all the members of the society.

In a landmark judgement given on this matter, Mr Justice D G Deshpande of Mumbai High Court, on writ petition No. 4577 of 1985, decided on 5-7-1999 in the matter of Smt. Ramagauri Keshavlal Virani V/s Om Walkeshwar Triveni Co-op housing society Ltd & others. The learned judge passed the judgement saying, for all these reasons, I have no alternative but to hold that judgements of the Trial Court as well as Appellate Court do not require any interference. Lastly, it was argued by Mr. Naik that since two bedrooms have the opening on the terrace, security of the flat of the petitioner should be maintained. Mr. Deodhar appearing for the respondent No. 1 has given an assurance that nothing will be done by the society to endanger the security of the flat of the petitioner. This will, however, not prevent the society in exercising its right over the terrace. Hence, petition dismissed. Rule discharged. Stay vacated. No order as to costs. Prayer for stay of operation of this order is rejected.

Pravin (Querist) 05 May 2012
Thanks Mr Ajay Sethiji for your kind information but my query was whether the builder can allot not sell the terrace if u be so kind enough to tell me something regarding this also there are two open terrace one is open to all

ajay sethi (Expert) 05 May 2012
terrace is for benefit of all members . builder cnanot allot terrace to you

Pravin (Querist) 05 May 2012
Thanks for your kind reply but our flat scheme is very small and has no registered society formed so wat can be done in that case ....