Terresa rights of appartment

Querist : Anonymous (Querist) 22 November 2020 This query is : Resolved
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.

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This discussion addresses a situation where apartment flat owners, who purchased their properties with a clear understanding and documented clause that terrace rights were not included, are now facing claims for terrace access from subsequent purchasers. The advice given is to firmly oppose these claims, referencing the original registered sale documents that explicitly exclude terrace rights. It's suggested to report any unauthorised constructions to local authorities and potentially construct a boundary wall to reinforce your claim, as the current purchasers cannot inherit rights that were never granted.

Isaac Gabriel (Expert) 22 November 2020
Report the violation to local planning athorities for appropriate action to remove unauthorised constructions.

kavksatyanarayana (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 goyal (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 (Expert) 23 November 2020
Oppose the claim of said purchaser. Construct four wall in confirmation to your claim.

P. Venu (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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