Terrace in sale deed

Querist : Anonymous (Querist) 15 October 2018 This query is : Resolved
My flat is on 7th floor of a 7 floor building adjacent to a big terrace. Builder has sold us some area of terrace , put a proper separation wall and also an entrance to the terrace from our flat. This is mentioned in the sale deed and also shown in the plan of our sale deed.Remainig terrace area has a common entrance. We want to sell the flat but the society is not giving NOC and saying that the terrace belongs to the society. Its a 12 year old property. Till date society did not raised the issue. Please advice.

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Querist : Anonymous (Querist) 15 October 2018
Please advice

Isaac Gabriel (Expert) 15 October 2018
Are you in a hurry ? Anonymous are not encouraged.

Kishor Mehta (Expert) 16 October 2018
If any area of the terrace is not exclusively walled off so as to make it approachable only from your flat and if there is a common entrance to the terrace from where the area attached to your flat can be easily approached, then the terrace belongs to the Society and you can not claim exclusive use of any portion of the terrace. Builder had no legal right to sell this portion of the terrace to you.