Terrace area is a part of common area and everyone has equal right to enjoy the terrace area. Did the builder, mentioned in the agreement that terrace area is salable? If it was mentioned and everyone gave consent then the builder can sale it. If the 5th block's terrace area is not sold then you all can arrange a meeting to discuss and solve the matter mutually.

Terrace forms part of common area for benefit of all members

2) builder cannot sell terrace

How can they claim it's a common area the right belongs to society.

Since the block are in same society terrace area shall be registered as common area of the society and can be used by all members of society but in case it is registered as common are of particular block then they won't have access to that.

In general agreements the all common area of society is registered to society than society with consent of all members can pass resolution for use of concerned terrace areas for individual block .

In recent supreme court decision it has been clearly mentioned that property of terrace area is common and cannot be sold . A resident can file suit against society and builder if resort to selling of common area

Builder could not have sold rights/ownership upon the terrace to anybody.

Terrace come within the 'common space/area' in a society and all the allotees/flat owners will have a conjoint interest upon the same.

If it is one society then flat owners of all block have right to access your terrace

Suit has to be filed against builder as he illegally seek terrace

There can be no restriction on members to use a common area. it is a free access and all the members of society can freely use it.

the builder sold old terrace then case can be filed against the builder as he has no right to sell common area.

Making nuisance is a wrong, for that you can seek legal help.

Before that try to solve the problem mutually, if there is no proper remedy then you all can go for legal remedy.

sir

Normally terrace also forms part of common areas and amenities in any apartment/Block as such all the residents of the flats in the apartment / Block will have equal right to utilize the terrace as a common area.

since in your society there are 5 blocks, if your society bylaws distinguish each block as an independent entity and defines common areas you have to follow that. if all the five blocks are being treated as one, then all the flats irrespective of the blocks will have common interest on all the five terraces. since terrace area forms part of the common areas, alienation of any common area is impermissible. whether it is mentioned or not in the agreement all common areas are available to all the flat owners of the apartment/block(s). its all depends on the bylaws of the society as to how the common areas/amenities are defined. hence verify the bylaws of the society and take necessary steps.

Terrace generally comes under common area except it is your personal terrace. Even in the personal terrace you can't enclose and encroach the same. You can Complaint to the Dy Registrar about the same.

The terrace forms part of common areas, hence the builder cannot sell this as a separate unit.

In the case of Rajesh, according to the UP Apartment Act 2010, a developer does not have any right to sell or lease terrace of the housing society to any particular owner or owners of the properties in the society or anyone else.

A terrace or rooftop is a common area of in a residential society which is for the enjoyment and benefit of all its members. Although it has been seen that many developers resort to selling or giving exclusive terrace rights on payment, the practice is illegal.

It is untenable in the eyes of law where one resident gets the right to use the rooftop to the disadvantage of others. If residents choose to wage a legal battle, this may land the developer and the erring resident in soup.

A community hall, a play area, a garden, a stairway, a terrace and elevators are all shared areas and have to be made accessible to all the apartment-owners without any ownership issue. As any repair, replacement and maintenance cost of such common areas has to be borne by all the flat owners collectively, likewise, any income or profits arising from the use of such common areas have to be distributed evenly among all the flat owners.

It has been seen that many buildings have terraces on certain floors, below the main terrace on the top floor. Developers often hoodwink the residents and sell these terraces to the adjacent flat owners thereby making huge profits. However, this too is against the law. A terrace that is not accessible from the common areas and is attached exclusively to a flat can only be sold to a flat owner but all other terraces are for the common usage.

It is for the same reason a terrace is not included in the Floor Space Index (FSI) of an apartment. Reason: it cannot be bought or sold.

In our society there are 5 block out of that 5th block is constructed and sold by builder recently. The terrace area of other blocks has been sold by builder 10years ago but 5th block terrace area remains open now all the flat owners of the other blocks are claiming the rights of the terrace area of 5th block whether it is legally right or wrong.

The landmark judgment delivered in the case of Sri Ramagauri Keshvlal Virani vs Walkeshwar Triveni Co-Operative Society is a case in point. In this case, there was a pocket terrace on the fifth and seventh floor of the building apart from the main terrace on the eighth floor. The flat owner on the seventh floor had two doors from his flat opening in the terrace besides he had also purchased the terrace from the developer. He contended that the entry of other residents to the terrace would disrupt his privacy and also pose a security threat. However, the court held that as the pocket terrace was not exclusively attached to his flat and had a common entrance, therefore, its use cannot be restricted to the disadvantage of the other residents.

It has been seen that many buildings have terraces on certain floors, below the main terrace on the top floor. Developers often hoodwink the residents and sell these terraces to the adjacent flat owners thereby making huge profits. However, this too is against the law. A terrace that is not accessible from the common areas and is attached exclusively to a flat can only be sold to a flat owner but all other terraces are for the common usage.

It is for the same reason a terrace is not included in the Floor Space Index (FSI) of an apartment. Reason: it cannot be bought or sold.

I do agree with that terrace is a common area but whether it is a common area for all the other blocks or it is a common area for 5th block members only. Because builder has not mentioned in the agreement for the accessing of terrace is free for all the members or for 5th block only because all the other members are coming and making nuisance.the terrace of other blocks has been sold by builder 12years ago and registration has also been made whether we can filed a lawsuit against society or builder.or pls tell me any legal advice that how can we avoid to acess the terrace for the members other than 5th block.

Many state enactments also specifically provide for the use of terraces. For example, Maharashtra Ownership of Flats Act, 1963 “MOFA” in section 10(1) and Section 4(1A) (a) (iii), (viii), (x) makes the intention explicitly clear. It states that a developer has no authority or right to sell the terrace to any individual which is the common easement of all the residents.

The residents can complain against the developer by approaching the Consumer Forum and can complain against the society office-bearers with the Registrar of Societies. Additionally, residents may also file a civil suit in a court of law.

It is illegal to sell terrace area.

Approving authority will approve the project only. While selling, builder can make huge deviation in construction as well as in selling.

Following are illegal:

1) Selling open car park area ( land is undivided share ).

2) Selling covered car park area to someone not owning flat in the apartment.

3) Selling Open Terrace i.e. top of the apartment.

4) Selling flats with more than one exit/entry doors.

6) many more .........

Approving authority does not know about any of such deviations while approving.

If approved plan says that said part of terrace belongs to specific flat then only this selling would be legal.