Is terrace a comman area of flats
Surjit Singh
(Querist) 08 September 2012
This query is : Resolved
Hello, We have flat system in which there are 6 flats in a builing.
The water tank of all the 6 flats is situated on the terrace top.
I want to ask that is terrace a comman area in this case or a sole right of person on top floor?
Is there and ruling of court in this case ?
Thanks
Surjit
V R SHROFF
(Expert) 08 September 2012
"The stairs of the flats starts from ground floor and go upto terrace."
Oh! I never knew it!!!
Mr. S Singh:
I understand , this is a Pvt Building, and not a co-op Society. So Soc Act not applicable to you.
And in case of Pvt Structure, a Contract is important factor.
You received your Right , Tile and iterest under a Agreement from someone, who had it.
What is agreed therein is most important, and that contents , terms and conditions are the deciding factors that reply your Question..
If Top Floor Owner purchased Part of Terrace from Builder/ owner. Then it may not be a common property, and can be used exclusively by him.
So to advise you, we have to go through All 6 Agreements ..
Who own your building ??
R.K Nanda
(Expert) 08 September 2012
Top floor owner has sole right of terrace but he has to allow other floor owners to do any repair works related to water tanks when ever required.Moreover,the terms of agreements has to seen to give exact reply in this regard.
