Flat with terrace

Querist : Anonymous (Querist) 10 November 2011 This query is : Resolved
I am possessing a resale flat in Mumbai with attached terrace - entrance one & only one from our flat. The re-sale agreement does specify the same but somehow I don't possess the Original sale agreement(between the builder & the original flat owner.) How can I acquire the original sale document and from where? And what would be my legal status of the terrace at the time of redevelopment. Should I pay the property tax for the terrace which could help me for future rights

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ajay sethi (Expert) 10 November 2011
1)society generally keeps copies of agreeement entered into between flat owners and builders

2) if society does not have copy of agreement check with the builder . they maintain records of agreements entered into with flat owners

3)you have purchased flat on resale basis . you must have obtained chain of documents from the seller
4)request the seller to produce original of the agreement

ajay sethi (Expert) 10 November 2011
the builder has no right to sell the terrace to a member and deprive the other member of the open space rights as shown in Mumbai Municipal Corporations record. As per the law open spaces including terrace are ment for the benefit of all the members who are entitled to the benefit under the plan and no single individual can appropriate any part of the same. As per the Maharashtra Ownership Flats Act 1963, section 4(1A) a (iii), (viii), (x) and section 10(1), the builder have absolutely no right or authority to sell terrace. In fact none of the provisions, individually or collectively, authorise the builder or any other entity including the society, to sell a terrace of the building.

Piyush Vaishnava (Expert) 10 November 2011
i agree to mr sethi

Sailesh Kumar Shah (Expert) 12 November 2011
I completely agree with views of Shri Ajay Sethi.I would also like to add common places can't be sold by builder.

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