Terrace rights

You can sell only the ground floor of the house, if the house has many floors.

However, if there is only one floor then there will be an issue to sell individual floors. The buyer can subsequently disallow you from going to the terrace or from further constructions and you will then need to fight a long battle in courts to prove your case.

It is better that you construct a partial first floor and then sell the ground floor only to the buyer, specifically keeping the right to construct further floors with you. Also ensure that you keep possession of the partial first floor and keep visiting it regularly.

Dear sir , I am a owner  of a flat and old original member  in our  CHS ltd having 26 flats and it is under process of re development. The parking place will be divided 50:50 basis builder and the society and BMc sanctioning authority is going approve 20 parking spots.We have 9 two bed room flats which are eligible for parking slots.

I have opted to buy additional space  in the society building to make it two bed room flat to make equal 45 sq metres which makes equal to the space of  old flat owners. As per BMC DCR rules those who own flat equal or more than 45 SQ metres are eligible parking slot.

Whether CHS ltd arbitrarily deny me the parking slot.

kindly reply

Thanks

Dear sir,

As per the law neither the builder nor the society can sell the arking. Therefore, post re development, you can stake claim to a parking space (as per the existing municipal laws).

However, this law is unfortunately not being implemented on the ground and if you try raise this issue before possession of your new flat, the builder or the society might create problems. Therefore, there are two options before you:

1. Pay the builder for the parking and purchase one (this is actually illegal and not recommended).
2. Take possession of your new flat and write to the builder / society asking for allotment of parking as per the municipal laws.

I would recommend the latter option though it is contentious and might involve some litigation.

Dear sir,

Thank you very much for your suggestion.I will go by your 2nd suggestion. I will be very happy if clear my doubts about my 1st para since society can allot parking slot to old existing members and out of 10 nine are existing old members and I am the only 'one' old member opted for additional space  and there no other member opted for two bed flat and only one slot available for two bed rooms owners.In this context I feel society has to allot me that remaining one slot to me. pl advise me.

Thanks

Dear Sir,

As per the municipal laws, the redeveloped society will need to have parking for all flats with area more than 45 sq mtr. Therefore, if you have a redeveloped flat of this area, then the new society / builder will have to allot a parking to you, whether it is from the society's quota or the builder's quota. Actually there can be no quota in the parking, as the parking is not to be sold and is not part of saleable or negotiable area. However, please note that enforcing this policy is very tough in actual practice.

Thank you  Suneet Guptaji for your advise. So nice of you.