Regarding Terrace Rights and Rights of Land Owner in Joint Development


Hello Sir/Madam,

We had given our land which was in my mothers name for joint development for 20 houses. It is mentioned in the agreement that the land owner will have a share of 47% in all built up area, parking and terrace area and the remaining 53% belongs to the the Builder.

If we want to construct a house in our share on the terrace how do we go about it?

Most articles online are misleading and confusing where some experts beleive there are no things as exclusive terrace rights and some say the terrace is proprtional to the agreed share between the builder and Land owner and they are free to enjoy their posession.
 
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LEGAL

You can use the 47% of terrace in the manner you desiere. It is better to get permision from muncipality and prepare the map and get that approved. However you need to take the builder into confidance may be he will create problem once you are in the midway,you must inform him and written NOC from him...

 
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