• Terrace rights

I want to know re current law of buy and sell terrace rights in New building, if the developer doesn't mention in BU permission plan pass by AMC, in BU plan it shows open terrace and after passing BU developer built wall and cover partially terrace and sell and also it mentioned in sell deed.
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

1. Since terrace is part of common area it can not be sold by the developer.

2. It can be sold only on those are circumstances when all the flat owners have relinquished their right over terrace expresssly.

3. So if there is no such things the flat owners can seek their free entry into the terrace and if they are restrained from doing so case before the consume forum can be filed.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. "ALL" type of TERRACE areas are defined as "common open spaces".

2. Common open Spaces (Private terraces, open terraces, etc....) CANNOT be SOLD /PURCHASED / Encroached /Covered. It will be a punishable offence under the Regional Town Planning Act and the local Civic Act /Laws.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Terrace forms part of common area for benefit of all members

2) builder cannot sell terrace

3) in sanctioned pla d it is shown as open terrace builder cannot cover terrace partially and sell it

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

In plans sanctioned it is shown as open Terrace builder cannot cover terrace partially and sell it

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1) Builder can't sell the open terrace to any one like that as its common terrace of all flats owners.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Hello,

If the area not approved in the plan has been sold by the builder then challenge such sale proceed before the court. Also, you may approach the consumer forum for unfair trade pracrtice.

Before initiating any action kindly get the information from the municipal corporation that that the area has been compounded or not ?

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Get in touch with a local lawyer

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Firslty, what has been mentioned in the BU, can’t be change by the builder on his own.

Secondly, if he has changed it then he may have to get it rectified by the municipal department which must have not done.

Thirdly, and also he has to mention in all the sell deed as to what is the status of the terrace if not in sell deed then must be in agreement to sell.

Fourhtly, you may please make a complain to the corporation regarding the same, and also to get the rights cancelled if issued in anyone’s name specifically.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

It isn’t according to the law of Ahmedabad municipal corporation. According to AMC only temporary structures can be built their. Permamntent structures itsnt permisable

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

The seller cannot sell the terrace which is a part of the common area of the complex.

Hads the society been formed ?

If so the society should take the matter with the builder or with the registrar of cooperative society.

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.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

I want to know in Ahmedabad municipal corporation.

According to the law, both these situations are illegal and neither developer nor top floor owner posses the ownership of the roof top/terrace of the building or structure.

According to the section 4 (1A), (iii), (viii), (x) and section 10 (1) of the Maharashtra Ownership Act, builder or developer do not have any right to sell terrace of the housing society to any particular owner or owners of the properties in the society or anyone else.

Not only builder but also the housing society has no provision to sell terrace to anybody. The terrace cannot be individually or collectively sell to anybody by the developer or by the society.

The law states that all open spaces in the housing society are reserved for common easement of all the members of the society and they are entitled to enjoy the same according to the stated records of the Municipal Corporation.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

This is my response to you:

1. The terrace rights cannot be sold in AMC;

2. Even if it is mentioned in the sale deed, the builder cannot sell the terrace;

3. The terrace rights are with the society/association.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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