Whether a builder can claim that Terrace rights cannot be sold when he is selling the apartment alongwith common rights in all the common areas of the building. Where it is mentioned in the law book that a builder derives a ownership right in the terrace of the building when he is selling flats which are beneath the terrace? Ultimately the builder is selling entire ownership of land below the building to all the flat owners. How can he remain owner to any portion of the building when he has sold all the flats.
Asked in Property Law from Ahmedabad, Gujarat
builder cannot retain terrace rights . it forms part of common area of society for benefit of all members of society .
terrace is common area for the benefit of members
Advocate, New Delhi
Builder has no dominion over terrace as terrace is an area common to all members of society.