whose the terrace belongs to

Dear friends,

In Andhra Pradesh recently, I bought a flat which is of 6 years old. I bought it from the bank under SARAFASEI Act. In this, the builder without any consent from any of the flat owners made an agreement in 2006 with a Cell tower company to build a tower. The builder is not giving any maintenance to the association. (The association is recently formed in April 2011). When we asked about this, he said that he is the absolute owner of the terrace, and he also occupied some cellar area. He put some garbage in that area, which is also a nuisance to the members. The agreement which he made with the cell company is not registered. In that document, it clearly stated that NOC must be taken from all the flat owners. But nobody has given any NOC. He even didn't form any association. Some of the members formed as an association. The builder has only two pent houses in our apartment. Ours is G+5+2penthouses.

I request you the learned members of this forum:

1. Who is the sole owner of the terrace

2. How can we vacate the cellar area and take possession by our association?

Kindly give suggestions. to my questions.


3. Where can I find the Apartment act in net (Andhra Pradesh Act)


Thanks in advance

Adv P & H High Court Chandigarh

The terrace area is common and cannot be retained by builder with him. Your association should serve a legal notice to the builder seeking vacation of terrace within a stipulated time failing which take legal action. It is better to obtain this law in Local Acts/law books.

self employed

Approach the cell tower company and let them know your grievance


Thank you so much Raj Kumar Sir for your valuable advice




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