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nakul   15 January 2015

Terrace sale and construction

Dear Sir/mam

I'm a resident of Siliguri in West Bengal. I intend to buy the top floor along with the terrace above the floor area only. The apartment building has floor area of about 18000 sq feet. Each floor has 6 flats. Is it legal for the builder to sell me 3000 sqft of the terrace immediately above my top floor. Here the builder intends to sell off 6000 sqft of terrace in all, to only two top floor flat owners. This way every flat owner has more than sufficient terrace space with complete access to all common utilities like water tanks etc on the terrace.

The promoters have included in the sale deed of every flat that 50% of the terrace belongs to the promoter. 

Moreover, i intend to partition my part of the terrace with a wall to make it a personal space with slanting roof, room,garden etc.

Kindly advise me on legal issues i should look into before entering into such an agreement.

Regards

Nakul



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