Tower rent in appartmetn

Vijaykumar Dudhe (Querist) 24 April 2013 This query is : Resolved
Sir,
I had purchased a appartment in nagpur. in sale deed prepared the builder has reservered the terrace and states that he has rights to give it on rent to tower or hordings and what ever rent recieved from it will be his receipt and no body from the appartmetn owners can claim it. Now are forming society of 10 flats owners. I want to just know that shall we make any objection on builders for the tower rent. which is on our appartment even though he has mentioned that no flat owener has right on the reciept form the terrace income.
Please give me your expert advise on this so that we can do accordingly.

Regards,

Vijaykumar

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M V Gupta (Expert) 24 April 2013
Builder cannot retain any rights over the terrace once he has sold all the apartments and possession is handed over to the flat purchasers. Resist the builder's attempts to have any advertisements on the terrace or rent it out to third parties. Also issue notice to the builder to execute the sale deed in favor of the Society of the apartment owners. If he fails to execute the sale deed apply for deemed conveyance before the competent authority under the MOF Act.

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