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Umesh   19 March 2022

Overhead terrace in index-ii

Dear Team,

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.




 5 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     19 March 2022

It is better that you act as advised by the lawyer even if it costs you. Otherwise you are on a sticky wicket and you may lose the terrace portion.

1 Like

Kishor Mehta (CEO)     19 March 2022

If the entrance to the terrace is exclusively through your flat, and if there is no other coomon approach, then end then you can claim the exclusive ownership to the terrace. Builder has no right to allot a terrace to anyone if the terrace has a common approach open to all members. It is not valid even if it is mentioned in the purchase deed.

G.L.N. Prasad (Retired employee.)     19 March 2022

Also, file RTI Application and seek such information as to whether the construction in the terrace has approval by Corporation, and the laid down norms for further construction on terrace based on such possession rights.

Dr J C Vashista (Advocate)     20 March 2022

Terrace should form part of "common area" in a multi-storied building, what is the law on the subject as Apartment Ownership Act is a State subject.

Consult a local prudent local lawyer with relevant records.

P. Venu (Advocate)     16 April 2022

Was the terrace constructed with approval/permission from the Municipal Corporation?

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