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sophie (Partner)     06 October 2010

adjoining terrace

I plan to buy a 3 bedroom flat on the 8th floor of a housing society.  The flat has an adjoining eye level terrace. (Remember, I am not talking about the overhead terrace!) The Sale Deed of the current owner clearly reflects that the adjoining terrace belongs to him.  However, the housing society committee members maintain that we cannot purchase the terrace along with the house and have refused to give us the NOC for the sale of the terrace.  I understand that the overhead terrace is the property of all the flat owners, but  would like to know if the adjoining eye level terrace which belongs to the owner as per his Sale Deed, can be purchased by me.  What do the ByLaws of Housing Society have to say in this regard.  Will some expert enlighten me?



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 1 Replies

M. A. Khan (advocate)     06 October 2010

Any open space abutting flat is the property of flat owner, and not common area.  If it is specified in schedule of deed, alongwith flat, than society has no power to oppose it. 


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