orthodoc80 (Consultant) 16 January 2010

Terrace Flat ownership

We live on 6th floor (top floor) of our building since 1992, Mumbai (2 flats combined :1 flat each in my parents name) in a registered Co op Hsg society which has a terrace right across our flats.The building also has a common terrace on the 7th floor

The agreement clearly mentions that any terrace areas in front of or adjoining to the flats will be the property of the flat purchasers and in exclusive use of the flat purchasers....My father being the developer himself.

The agreement doesnt mention any clause regarding the price at which the terrace was sold....

the agreemnets for the flats have been registered and we are in exclusive and peaceful occupation of the terrace since 1992...

my queries are :

1) do we need to do any other paper work to defend our rights to the terrace...

2) the society till date has not charged us any taxes for the terrace/ or is there any tax applicable at all by any governing body as the MCGM/Society.

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5 Replies

R.R. KRISHNAA (Legal Manager) 16 January 2010

You cannot claim exclusive right over the terrace unless your right is clearly written over the document (sale deed or development agreement etc). Every member of the society/flat is having right over the same. No paperwork could diminish the rights of other flat owners/members.

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subhash kumar (advocate) 16 January 2010

dear , you can not claim for the terrace rights

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orthodoc80 (Consultant) 16 January 2010

Thanks for reply...but i have mentioned that the agreement clearly states that the terrace adjoining to the flats would be in exclusive possession and use of the flat purchasers.....

R.R. KRISHNAA (Legal Manager) 16 January 2010

Well if the agreement clearly states so that terrace would be for exclusive use of flat purchasers, then you are right. But it also depends on the rights/clauses stated in the agreement/deeds held by other flat purchasers/owners. If there is no clause/terms in the sale deeds of the other owners regarding their use/right of terrace, then your exclusive possession/right is confirmed.

shibendu das (asst. sales manager) 17 January 2010

well friends i have a similar querry, what if in the registry of the sale deed, i mention that in the event of any bylaws allowing constructions on the 3rd floor (above 45-49 feet) of the freehold property then the given flat holder should have exclusive right to build another accomodation thereupon.