Terrace rights
Ramkrishna
(Querist) 10 May 2012
This query is : Resolved
Can the builder without the permission of other flat owners sell the terrace rights after selling all the flats.
The case being that the builder has built an apartment with twelve units and two of them are duplex houses which are on the third floor and on a part of the open terrace.
The duplex house on the open terrace has a balcony which is connected to the open terrace and which was not sold to the duplex house owners.
Now, after a period of 7 years one of the duplex owners who is related to the builder wants to extend their duplex portion by closing the balcony.
Can the builder now sell that portion of the area which was not covered by the earlier sale deed?
Shonee Kapoor
(Expert) 10 May 2012
It depends on many factors.
However, an injunction suit is maintainable.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Ahmed Daud Girach
(Expert) 16 May 2012
What agreement say about terrace right?Association is formed?Respective states law relating to flat owners may be seen,From these points if u can make out a case then discuss with builder,give notice and approach authority mentioned in the respective state act which is ususlly urban development authority or municipality. File objection eith these autorities.
