Hi
seeking legal advice. Considering to buy residential flat in a building G+3 floors. There are 2 flats on G, 1st and 2nd floor and only 1 flat on third floor. Third floor flat has terrace (which is nothing but slab of second floor flats and this terrace has exclusive entrance from third floor flat. There is common terrace above third floor flat which has common access to all members.
The agreement of third floor flat mentions only the area of flat (does not mention any terrace in wording of sale deed from builder. However sanction plan (blue print copy) shows doors to terrace to third floor from third floor flat ONLY.
There is a mention of following in the sale deed from Build to present owner:
"The Purchaser may use adjacent Terrace for his use but for common terrace he agrees to contribute his proportionate share of cost of terrace construction cost to be decided by Promoter if other members desire to have a terrace."
Can you please advice if buying such flat from present owner, does present owner has enough rights to claim the terrace of third floor (attached to this flat and having exclusive entrace to this terrace from his flat which is shown in Sanction plan) but not exclusive mention in sale deed.
Quick and expert response his highly appreciated.
Thanks
