Builder rights for sales of terrace, cellar in ahmedabad
biren shah
(Querist) 22 October 2011
This query is : Resolved
I am residing in Ahmedabad, Gujarat. I like to know if builder sales all flats. in this 1 of his own. he sales all other flat. In all other agreement he has right for construction in cellar, and terrace. and he is not give ownership for cellar.
if fsi take by him he has right for construction or not?
if no, who have a right for cellar and terrace ?
if yes, builder have a right for both?
now he'll sales cellar or terrace ?
Raj Kumar Makkad
(Expert) 22 October 2011
As builder has no any flat with him and he has already sold all so he has no right over cellar and terrace. All flat owners are owners of these spaces in common ownership as these places cannot be sold out and are for common use.
prabhakar singh
(Expert) 24 October 2011
THE ANSWER WOULD DEPEND ON STATE LAW ,IN MAHARASHTRA BUILDER DOES NOT HAVE SUCH RIGHT BUT IN WEST BENGAL BUILDER DOES HAVE,MAY BE GUJARAT MIGHT BE FOLLOWING IN TERMS OF MAHARASHTRA.
JT Rajasuriya, Chennai
(Expert) 27 October 2011
When the owner has made specific provisions in his agreements with other owners for his right to terrace/ cellar andif he has also made provisions in retaining some part of undivided share of land for the said purpose - then his right cannot be questioned (unless there is any state law which prohibits such arrangements)
