Sir,
I purchased an apartment on the 4th floor of the 16 apartment complex built on a 640 sq,yds plot under an agreement between the plot owner, who is now diseased and a builder. I p[urchased this apartment during the construction stagw itself. The approved building plan by GHMC is only stilt/ common undivided share of the land and has a terrace. The Registration documents of the plot were signed by both the builder and the original plot owner. The agreement between the builder and the original plot owner mentions that 8 apartments on the left side of the building complex are the property of the original plot owner and the other 8 apartments on the rigt side of the building ( as we stand in front of the building) belong to the builder who can sell to any person. In the registration documents it was mentioned that the original plot owner will have the rights to the portion of the terrace on his side of plots and the builder has the right of terrace on the his share of the building. The building was completed in 2000 and was given possession to all the Apartment purchasers. The original plot owner diseased now but he distributed his eight Apartments to his three sons two each on the first three floors and the remaining two of his share he gave to his two daughters. The builder without any approval built pent house like structure on the plot owners side of the terrace to one side of the stairs leading to the terrace. Since the plot owner an old person, as he has bequeethed all his apartments to his 5 children was not left with any shelter and all of us purchasers of the Apartments of the builders objected to the asbestos sheet shed then being constructed by yhe builder and as none of his children were willing to provide him a shelter in any of their apartments, obtained from him, we agreed orally, out of compassion, for the temporary shed for his use till he is alive. The builder told us that it is ofcorse illegal and if any body compains it will be demolished by bthe Municipal authorities as it not in the approved plan. The terrace on the builders side also has the Water tanks for the municipal water storage and bore well water storage to supply water to all the 16 Apartments. The same side also has the housing for the lift. The stairs, corridors, the water facilities, lift facilities as well as the stilt undivided area bore well, the municipal water sump localong with the entire open space as common to all. The builder sold all his share of the 8 apartments which were duly registerd to all of us. The hiers of the diseased plot owners after his death particularly his two daugters who got the plot owner's share of two 4th floor apartments claim that they have the terrace rights and the right for the temporary shed built on their side. The say they obtained by will from their father, which they never show. In 2007 the other side opposite to the one shed already built an on the other side of the Stairs to the terrace the other daughter started building another shed to which several of us owners of the builders complained and when they didnot heed we complained to the Municipality about these sheds. The Municipal autrhirities came and instructed them to demolish. As nothin was happenuing we complainewd in writing two three times. The stausquo stands. One of the daughter claim now the she got the clearnce for her side of the illegal construction approved under BPS and gave it for rent and getting remuneration for nit. Two of yhe original plot owner;s hiers sold one apartment of each of them to outsiders in the last two years and all the sons left the building and do not live in the building any more excssociation and use to have regular meetings and used to take all necessary maintanace etc, submission of annual accounts etc. The eldest son of yhe disesases original plot owner never lived in the building. The other two brother lived in one of their Apartments in the First and 2nd floors till the sold those and left the building. The Association, although had a bank account with authorized signatories, is not a Registerd so far. Some of the original builder's side plots also have sold to second purchasers in the last few years the new owners are occupying these apartments. There are cracks developed on the roof of my apartment which a part of the terrace. Inspite of several representations no body came forward to repair these and I had to do temporary repairs with my own money . I told them that I will hold paying maintainance contribution till the terrace is repaired to sto leakage in to my Apartment. After the second structure was built the terrace developed cracks again and when I went with a mason to examine one of these sisters objected to undertaking repairs of the terrace. Kindly clarify the legal position of the terrace rights and whether inheritors of the original owner. Can the legally build any structures on their side of the terrace and claim approval under BPL? Can they object to the other owners to undertake terrace repai? How long do I suffer with this problem. I am a retired Governemt servant and over 70 years of age and my wife is naturally old. At the time when the youngest brother sold the aPARTMENT IN WHICH HE WAS LIVING ON THE 1ST FLOOR AND LEFT, HE WAS HANDLING RECORDS OF MAINTANACE ETC., and withou concent of the other members of the association he handed over the records to his sister. since then she operates as if she is owner of the whole building and creates lots of problems. Even when the members met made minutes and handed it her a copy she does not hand over the papers, the ceque books m records etc., Please let me know whether like the open area in the stilt area the entire terrace which is shown as open area in the approved plan falls under commal areas of the buyilding? Kindly let me know yr legal or expert opinion and adsvice in the matter. Sorry for this long note,
Thnks
