Use of allotted terrace as garden
Querist :
Anonymous
(Querist) 03 April 2018
This query is : Resolved
Sir,
I have following submission.
1.The promoter allotted me open space on terrace 11 yrs back on 25.05.2007 i.e. much before formation of society. The society was formed on 17.03.2009.The terrace is being used by me as garden since then.
2. The promoter handed over all documents on allotment of flats & open spaces to society. If promoter had done anything wrong, the society should have informed promoter during that time i.e. in March 2009.
3. The promoter has allotted open spaces to more than 18 owners before formation of society which is justified as no allotment was done after formation of society.These open spaces are being used by owners as car parkings.
4. After formation of society,promoter has not allotted any open space to anybody.
Now society is saying that open space allotted on terrace is incorrect and they want to cancel it.Pls give opinion whether terrace allotted by promoter to me and others is justified ?
Regards,Rakesh
P. Venu
(Expert) 05 April 2018
'Allotted"! Is this aspect mentioned in the conveyance deed?
Guest
(Expert) 05 April 2018
Normally, open space and terrace are the spaces for the common uses and cannot be sold by the builder. However, detailed examination of the case related documents, including the societies letter, if any, are required to be made before arriving at some conclusive opinion.
