Sale of terrace

Ckp005 (Querist) 25 July 2014 This query is : Resolved
I have purchased a property in Pune, Dhanori area, having three building A, B and C. between A and B building there is 50 feet gap and it has been covered to provide parking. The roof of this parking is shared by corner flats (4 flats) of A and B apartment. Builder has approval for covered parking and have approval for flat -now what he is trying to do is open one room from each flat in these terrace and sell the terrace. He said he will include 50% of terrace area in agreement and will show the flat along with the terrace in the agreement. He is saying that since flat is approved, parking roof is approved -he can include it! Intially he was saying he will give "Right to use" fro terrace but when i questioned about its legality, he said he will include it in agreement which will clear any legal doubt!! I really liked the flat, construction quality, location -so very much keen on buying it so am seeking feedback -more so a practical one.

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ADV-JEEVAN PATIL, MUMBAI (Expert) 26 July 2014
Would like to see ur agreement contact on my regd no or email jeevansci@yahoo

ajay sethi (Expert) 26 July 2014
builder has no powers to sell the terrace . it forms part of the common area . dont purchase it

Devajyoti Barman (Expert) 26 July 2014
No developer has right to sale terrace as every owner of flats in the same building has undivided impartible share in the terrace.
Do not got for it.