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Asad Malik (Govt. Officer)     08 December 2009

Terrace Ownership Rights

 Sir Please tell me if the ownership rights, in a Builder Floor Flats, are given to the top floor owner or is it divided among all the flats?

My flat is a 3rd floor flat in a 4 storey building in Delhi, Daryaganj.

Can a builder transfer the ownership rights of terrace at his will?



 6 Replies

sanjeev gupta (Advocate)     08 December 2009

Dear Sir,

When u have registered the said flat/floor in your name on that time, if in your document builder declare that the said top floor with roof right, on that case u are the owner of the terrace otherwise builder can give terrace to any one.


1 Like

V. VASUDEVAN (LEGAL COUNSEL)     09 December 2009

 In my view, the terrace rights cannot be sold. It ought to be a common property of the society/flat owners collectively since it should have common access. It is also a serviceable area for maintenance, etc. The document needs to be checked for ascertaining the correct legal position.


Asad Malik (Govt. Officer)     09 December 2009

Thanks for your replies

 In my sale deed its written possesion of flat 'without terrace'.

sanjeev gupta (Advocate)     10 December 2009

Dear Malik Sir,

As per your statement, if in your sale deed builder declare that your possession is without roof right that means u have no right on terrace, u can use that terrace only for installation T.V Antena and water tanks only.

Manish (GM)     21 April 2010

Dear Mr Gupta,

A Builder sold Only terrace rights other than the Residents Floor owners, & the Sale deed of the First owner ( sold by Builder) clearly states in th event the bulding have to be reconstructed he will have the same construction as it is & a drawing with bare Terrace is attached with the sale deed..& the same continues in the subsequent sale deed. Now a new owner removes this point & made the sale deed & claims for construction of another floor over Terrace.

Can this be allowed

Pl help




Dr.Chandran Peechulli (Chief Consultants)     24 July 2012


One cannot rule over the common spaces. It is common to all the owners of the flats in the housing complex. Terrace is being enjoyed by those in the top floors, owing to easy accessibility.  It is not out of place to mention that there is lot of nuisance to ground-floor residents (owners/tenants), road-side dogs cats, goats, cows entry when the common entry gate is left open negligently but for the only discomfort when climbing of stairs to top floor residents. Besides for all type of insects,rats, cats gaining access. Besides affecting privacy for easy peep through the windows of the ground-floor residents by those miscreants parking their 2/4 wheelers and their pollution, while the automobile engine is started/running. But usually the residents living on the top floors keep grudging and envying the ground-floor residents, who have easy access to their homes. Ultimately, for small petty things, one has to digest and cooperate with one another(others) in the neighborhood, for a peaceful and conducive living.

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