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.