Terrace rights
Rajkumar
(Querist) 19 November 2012
This query is : Resolved
I bought a second floor independent flat with roof rights in a two and half story building. There r total 5 flats in that building. Ground and first floor has two flats each, front and back).On second floor only front flat is constructed, back portion is designated as open terrace. In sale deed ownership of entire second floor is given to me. Ownership of terrace of second floor is also given to me. Am i the legal owner of this open terrace as per law or other owners can challenge it?
V R SHROFF
(Expert) 19 November 2012
If builder sold you the terrace of second Floor to you, and if other 4 flat owner's Agreement is silent about use of terrace, you are absolute owner of terrace.
You are liable to maintain it so that water leakage etc, do not cause undue hardship to lower floor residence.
If water tank is on top floor, it must be common. So passage must be provided to mtn common water supply facility, like easement.
Linl Agreement & all 5 Agr need to be checked carefully.
If Land conveyance on all 5 owner, : You also get ground/ gardening/ parking rights.
ajay sethi
(Expert) 19 November 2012
when did you buy the flat with terrace ? please note that bulder has no powers to sell common terrace as it forms part of common area
Raj Kumar Makkad
(Expert) 21 November 2012
As per your sale-deed and sanctioned plan, you have absolute ownership rights therein.
Rajkumar
(Querist) 22 November 2012
To make my query more clear, yesterday I had attached a document that contained drawing and relevant clauses for all 5 unit holders.
ajay sethi
(Expert) 22 November 2012
we have answered your query builder has no power to sell terrace
