Hello Sirs,
I have query regarding Apartment deed for my flat which I recently purchased.
Background
- Builder has done a apartment deed for my flat in Pune and given exclusive rights to use a terrace above flat.
- Builder has done a apartment deed for 40-41 members in a scheme of 71 flats. For others, builder has done a regular Sale deed.
My problem
- Now, Society members are telling me that Builder can not give you the exclusive rights of terrace above flat and they have equal rights to use terrace.
- Society members also insisting me to give NOC for formation of Society as they have to form society.
- Intension of Members is to use my terrace for exclusive for eshtablishment of Solor heaters for complete society.
My Query
- What members are saying that " they have equal rights to use terrace above flat " is correct in legal terms.
- If I give NOC to form society and if Society Formed then can Society Management have right to take exclusive rights of Terrace which is currently given by builder to me.
- If I do not agree and does not give an NOC to form Society, can other members come together and form a Society without consideration of myself.
- What should be my stand and legal position on above matter.
Request your kind advice.
Thanking you
RSA
