I am looking forward to buying a Penthouse in Pune area, it’s top floor flat with overhead terrace given for private use. The builder has allocated a "Overhead Terrace" to the owner and same is clearly mentioned in the terrace allotment letter and possession letter.
The terrace allotment letter clearly mentions the allotment of terrace exclusively for the use of flat owner and the document has blueprint with terrace shown separately and clearly.
In the possession certificate / letter, in schedule B, it clearly mentions the overhead terrace is allocated for personal and exclusive use of owner.
My problem is that, as I reviewed the property documents, the overhead terrace is not mentioned in the index-II. Thus, wanted to check, if there is any legal risk or challenge of purchasing such flat. The society is now registered and has many such similar penthouse.
Lastly, one lawyer told me, that you can get the same added in Index-II now also, by visiting and supporting registrar office. But I am worried, that it may charge extra money, and might create legal hassle in future, like increase in stamp duty, penalty etc.
Please guide, how to go about the transaction and any legal steps I should take to safeguard terrace transfer on my name.