Terrace rights

Querist : Anonymous (Querist) 05 September 2024 This query is : Resolved
dear sir,
we purchased a flat which belong to share of 1st son (out of 4).
the family had father and 4 sons and the building is divided among them.
4 flats one each to 4 sons
ground floor and terrace to father.
father died and in will gave his share of ground floor and terrace to his 2nd son.
In our registered sale deed there is no mention of terrace rights.
can we put our dish antenna on terrace considering it to be common?

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A flat owner purchased a property that was part of a building divided among four sons. The father initially owned the ground floor and terrace, which he later bequeathed to his second son via a will. The buyer's sale deed doesn't mention terrace rights, leading to a question about whether the terrace is a common area suitable for installing a satellite dish. The advice suggests that if the terrace owner retained rights, it cannot be considered common, especially without a clear association agreement defining its status.

T. Kalaiselvan, Advocate (Expert) 05 September 2024
If the owner of the flat had retained the terrace then it cannot be claimed as a common area.

T. Kalaiselvan, Advocate (Expert) 05 September 2024
In the absence of any association to which the builder had handed over the common areas and also in the absence of any clear definition of the terrace that whether it comes under common area or belongs to the owner itself, then the claim made by the land owner over the terrace rights will prevail.

kavksatyanarayana (Expert) 05 September 2024
You purchased a flat to share with 1st son is it in favour of 1st son? Then how was it divided among the father and 4 sons? Your query requires clarity in my view. And after your father, the 2nd son got his share through the will then how you put dish antenna on the terrace?

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