In Deed of Declaration document prepared by builder for the building constructed in Maharashtra in the year 2004, there is a mention that half the terrace will be kept for exclusive use of the builder. Subsequently, builder has installed a mobile phone tower on that part of the terrace. Similarly, he has in the deed of declaration kept part of the basement for his exclusive use and there he has installed diesel generator set for this mobile tower.
Builder has not formed Apartment of the various flats and shops in the building. My questions are as follows:
1) Does builder still have rights to the said terrace and basement part even after almost 10 years?
2) If he still has rights, what he can use these premises for and will he require prior permission from all the flat and shop owners for this?
Kindly advise. Thank you in advance.
