Terresa rights of appartment

This query is : Resolved 

Querist : Anonymous (Querist)
22 November 2020

Dear sir,i constructed a appartment of 10 flats in my own site.at the time of sale i told all flat owners that i am not giving terress rights to any body.i even mentioned that in registered document.now some body purchased from previous owners and claiming terress rights.what should i do sir.

Isaac GabrielOnline (Expert)
22 November 2020

Report the violation to local planning athorities for appropriate action to remove unauthorised constructions.

kavksatyanarayanaOnline (Expert)
22 November 2020

You show the original document copy i.e. which you sold, in which "the purchasers have no right over the terrace" mentioned in the document. The previous owner purchased from you the flat with such a condition. so the previous owner should have been sold the flat with that condition.

Advocate Bhartesh goyalOnline (Expert)
23 November 2020

Purchaser can not claim right over terrace on basis of last sale deed when builder has not given rights over terrace to any purchaser then how previous owner/purchaser could give terrace right to present purchaser.Its present purchaser fault who did not examiine chain of sale deeds thoroughly.Present purchaser can not take undue advantages of his own wrongs.

Rajendra K Goyal Online (Expert)
23 November 2020

Oppose the claim of said purchaser. Construct four wall in confirmation to your claim.

P. Venu Online (Expert)
24 November 2020

Yes, such claims are legally unsustainable. However, it is practically impossible prevent the occupants of the flats entering the terrace.

You may explore the possibility of constructing a pent house.

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