Terrace sold / allotted

Querist : Anonymous (Querist) 20 January 2021 This query is : Resolved
Good morning to all ,

I have a question terrace.
The builder has sold half of the terrace to a flat owner of a cooperative housing society
He has mentioned it in the sale deed that the overhead terrace is included and also mention in all the index 2 of all the members in point number 22 where all have agreed in the sale deed that the promoter will have rights over the terrace and he can dispose it.
But as per law there terrace on the rooftop cannot be sold no one has the right or authorities to sell the terrace individually or collectively as per Maharashtra act 1963.
Please could you let me know what steps an action can I take
Thank you in advance

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SHIRISH PAWAR, 7738990900 (Expert) 20 January 2021
Hello,

You can complain to the local planning authority against the builder. Further society can also file a consumer complaint against the builder for illegal malpractices by the builder.

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Advocate Bhartesh goyal (Expert) 20 January 2021
If the sale deed of terrace has been executed then you ( society ) have no option but to approach civil court for get declared such sell null and void.

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Querist : Anonymous (Querist) 20 January 2021
Thanks you very much for your reply..
I will get his sale deed and file a case
The builder has done the same in all building in the colony. (Pune ) also one question how long will it take for this case to get solved.
Thanks
Good day

Dr J C Vashista (Expert) 21 January 2021
The sale deed has to be declared as null and void.
Time taken to decide the case involves number of factors which can not be predicted, however, in normal circumstances it may be decided within 2 to 2/1/2 years.

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Querist : Anonymous (Querist) 21 January 2021
Thanks you sir...for your reply..
Have a nice day

Rajendra K Goyal (Expert) 21 January 2021
No option but to challenge the sale deed in the court. Decision may take time.

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Querist : Anonymous (Querist) 29 January 2021
Thank you for your replies
also I had a question do I need to challenge the sale deed and pay the stamp duty of the sale deed?
Or Only file a case regarding position of the common on the top terrace
Do I need to find it in consumer court or civil court?
Thank you in advance

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