Builders right on cellar, terrace
biren shah
(Querist) 22 October 2011
This query is : Resolved
I like to know if builder sales all flats, but in all agreement he has a right for construction on terrace, and cellar. it is legal/valid ?
Is there any judgment pl. attach.
if it is illigal ? what is about all owners agreement ? it is canclle or builders right are not legal ?
Sailesh Kumar Shah
(Expert) 22 October 2011
construction on terrace is subject to bye-laws of development authority/municipal corporation.
I would like to quote one example:-
Just suppose far is 2 and builder achieved far 1.5 so for achieving o.5 far he can construct with permission of concern authority.
ajay sethi
(Expert) 22 October 2011
terrcae is free from FSI . it has to be kept open
the position is absolutely clear that no open spaces including terrace can be sold as it is termed as common area.
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
ajay sethi
(Expert) 22 October 2011
Mr Justice D G Deshpande of Mumbai High Court, on writ petition No. 4577 of 1985, decided on 5-7-1999 in the matter of Smt. Ramagauri Keshavlal Virani V/s Om Walkeshwar Triveni Co-op housing society Ltd & others. The learned judge passed the judgement saying, for all these reasons, I have no alternative but to hold that judgements of the Trial Court as well as Appellate Court do not require any interference. Lastly, it was argued by Mr. Naik that since two bedrooms have the opening on the terrace, security of the flat of the petitioner should be maintained. Mr. Deodhar appearing for the respondent No. 1 has given an assurance that nothing will be done by the society to endanger the security of the flat of the petitioner. This will, however, not prevent the society in exercising its right over the terrace.
Devajyoti Barman
(Expert) 22 October 2011
In West Bengal the Builder can have retain the right to make construction on the terrace.
ajay sethi
(Expert) 22 October 2011
in future we will have to ask querist where is he located? since mr barman has opined that in west bengal builder has right to construct on terrace .
it is hereby clarified my opinion was given on the basis that your flat is in maharashtra
prabhakar singh
(Expert) 24 October 2011
These states kill us ,they must have some uniform policy.
