open terrace unsold kept by the builder

my father builded a building in mumbai suburban area in 1976 of 10 flats ,2 garages & 3 open parkings.out of 10 he sold 9 and kept the flat on 3rd floor with attched open terrace for ourself.society was formed in 1981..now we want to give the conveyance to the society but they are not accepting the terms that garages and terrace attached to the flat belongs to the builder..what should be done they want the private terrace and garages to be mentioned as property of the society along with the common terrace on the top floor.nobody has any sale agreements of garages nor parkings has been alloted to any1 ..in b.m.c plan of 1977 the open terrace had a wall which was taken inside the living room before the formation of the society.now society claims that along with common terrace ,.the private terrace on 3rd floor also belongs to them and the parkings and garages are also part of the society....any 1 can help what can be done???? can it be mentioned as our property in conveyance????

ha21@rediffmail.com Mumbai : 9820174108

1.  IF the private terrace does not have access to other members and IF the private terrace is part of the flat agreement and IF the private terrace is part of flat in the BMC sanctioned plans,  THEN the society cannot demand possession of the private terrace.

2.  Common Terrace is an open space, for all the society members and hence belongs to the society,  provided the society is a registered society.

3.  IF the garages are mentioned in the BMC sanctioned plan, then the society has no right on the garages held by the original builder.

4.  There are several parameters while considering what can be incorporated into a Conveyance agreement and depends on case to case basis.

Keep Smiling .... Hemant Agarwal




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