Builder mentioned in sale deep & registry roof rights 75%

Querist : Anonymous (Querist) 25 September 2026 This query is : Resolved
Dear Sir
I Have Purchased Flat in society in which Builder mentioned in sale deep & registry roof rights 75%

Is It legalely right legally

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Quick Summary

A homeowner is concerned about their builder selling 75% of the roof rights, as stated in their sale deed and registry. The consensus is that selling such a significant portion of the roof, which is typically a common area, is likely illegal and improper. It's advised to consult a local senior advocate with your sale deed to understand your legal standing and options.

kavksatyanarayana (Expert) 25 September 2026
The builder cannot sell 75% roof (terrace) rights improperly, provided it violates apartment ownership laws, common area rules, or the approved building plan. Hence consult a local senior advocate and show him your sale deed and follow his advice.

Dr. J C Vashista (Expert) 26 September 2026
It is invalid, improper and illegal to sell 75% (or any) share of roof in a Society.

P. Venu (Expert) 28 September 2026
The query is short of material facts. Please post complete facts.

T. Kalaiselvan, Advocate (Expert) 03 October 2026
Under Indian real estate law and apartment ownership acts (such as the Real Estate Regulatory Authority / RERA guidelines and state-specific Apartment Ownership Acts), a builder generally cannot legally retain or sell terrace/roof rights to individual buyers in a cooperative housing society or group housing project.
The terrace/roof of a multi-story building is defined as a common facility and common area for all apartment owners. It houses essential utilities (overhead water tanks, lift machine rooms, solar panels, fire escape routes, and antennas).
Merely writing "75% roof rights reserved by builder" or selling exclusive roof rights in a Sale Deed or Registry does not make it legally valid. Standard legal precedent holds that clauses in a sale deed that violate statutory laws (like state Apartment Ownership Acts or RERA) are void ab initio.
A builder cannot sell roof rights unless the original sanctioned building plan approved by the local municipal authority explicitly designated that portion of the roof as a private terrace attached to a specific penthouse or top-floor unit. Even then, general common access to utility areas on the roof must remain unobstructed.

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