Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Chirag   04 April 2022

Terrace access rights to the terrace of the builder in a condominium

      My Uncle built a building in Mumbai and then sold the flats in the same later keeping the Exclusive Terrace Rights, FSI Rights and right to redevelop/Construct Additional Floors if any to Himself. in all the Agreements to sell. After his demise as per his will ME and my Wife are the only legal heirs to THe said estate. As such till date no condominium is formed.. But now the Apartment owners  have filed a Legal Suit Against us for formation of a condominium.

    Would like to know if we can retain the Exclusive Right of Access to ourselves on the basis of the above clauses mentioned in the Agreement? As such our flat on the Top Floor is with an Attached terrace. PL advice



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 1 Replies

Palak batra   09 April 2022

Dear Querist,

 

No, having an exclusive right over the terrace is not possible as people living in the flats have a common share over the terrace until  and unless mentioned in the contract specifically. 

 

In the case of Sri Ramagauri Keshvlal Virani vs Walkeshwar Triveni Co-Operative Society the court held that if the terrace is not connected fully to the flat then it can’t be confined for other residents to use it.

 

Also, under Maharashtra Ownership of Flats Act, 1963 “MOFA” in phase 10(1) and Section 4(1A) (a) (iii), (viii), (x) it is explicitly stated that a developer has no authority to pass the terrace to any individual as it is a common area for all the citizens.

 

Regards,

Palak 


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