selling terrace

Querist : Anonymous (Querist) 10 May 2011 This query is : Resolved
dear sirs
i have a house in my name with 2 floors built.can i sell the roof?also will the buyer get the right to add another floor as i dont want him to construct a third floor.

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Devajyoti Barman (Expert) 10 May 2011
Yes and further construction on the roof depends upon the rules and regulations of the local municipality.

Querist : Anonymous (Querist) 10 May 2011
thanks a lot Devajyoti sir.

Advocate. Arunagiri (Expert) 10 May 2011
All depends upon the UDS and FSI.

IF you sell 1/3 UDS you have to sell 1/3 of FSI.

So, If you sell two floors you have to sell 2/3 of UDS and 2/3 of FSI. Retain the balance for the third floor.

M/s. Y-not legal services (Expert) 10 May 2011
Yes. You can sale the first floor alone.. Then about the further constructions you just mention every terms and conditions in your sale deed..

bhagwat patil (Expert) 10 May 2011
You cannot sale the terrace as such you can sale the FSI there in,to the extent remaining,the sale deed will be for right to construct.

Guest (Expert) 10 May 2011
A covenent in the sale deed can curtail the further construction.

Guest (Expert) 11 May 2011
If you have freehold property you can sell the terrace. But if some one purchases that, do you feel that he would give you money for that to keep the terrace for you to bask in the sun or for your children to play and would not use that for his own needs?

You cannot put any such restriction not to make any construction on his property. If building bye-laws would permit him for another floor he would definitely build that, which you cannot restrict.

Querist : Anonymous (Querist) 11 May 2011
thank you all for your inputs.
its not like that i dont want the buyer to use the terrace i just wanted to restrict him from building another that is i dont want him to have 2 floors for the price of 1.in future if i decide to make it a 4 storey building i should be able to do that.right?

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