Terrace rights

Querist : Anonymous (Querist) 25 February 2021 This query is : Resolved
We have G plus 3 floors commercial building . The builder had given exclusive rights of terrace (except the water tank and lift room) to the 2nd floor owner (1 company) during sale deed and removed terrace from common area. Now after 5 years later 2nd floor owner started constructing office in the terrace , not listening to association committee. But undevided rights is correlating with only 2nd floor area and doesn't include the terrace atall ! What to do as I am the Association president?

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The association president of a G+3 commercial building is facing a dispute regarding terrace rights. The builder granted exclusive rights to the 2nd-floor owner, excluding common areas like the water tank and lift room. However, the 2nd-floor owner has begun constructing an office on the terrace, despite the association's objections. The president is seeking advice on how to address this illegal construction, as the undivided rights are tied to the 2nd-floor area and do not include the terrace.

SHIRISH PAWAR, 7738990900 (Expert) 25 February 2021
Hello,

You can complain to the Planning department of your city about the illegal construction carried out by the 2nd floor owner.

P. Venu (Expert) 27 February 2021
You have not posted the material facts.. Any suggestion depends upon the local law as applicable.

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