• To whom does the terrace belong?

Ours is a family property where my two uncles stay on the ground and first floor. We i.e my father and my family stay on the 2nd floor. A few years ago we got the flats transferred to our fathers i.e all the three brothers name respectively. We want to sell our flat on the second floor. Does the terrace belong to us or is it a common belonging. There is no mention of this in any documents that we have
Asked 7 days ago in Property Law from Pune, Maharashtra
Religion: Sikh

Sir if terrace rights are not specifically given to you vide partition or the registered deed then in that case it is a common area and undivided area belongs to all three brothers equally.

Shubham Jhajharia
Advocate, Ahmedabad
9454 Answers
31 Consultations

5.0 on 5.0

The Terrace is common ownership so it's belongs to all three brothers.

Ganesh Kadam
Advocate, Pune
4453 Answers
29 Consultations

5.0 on 5.0

the intention between the brothers can be taken as - that each brother is entitled to one floor

 

consequent to the same the terrace rights on each floor will go with the flat 

 

thus the terrace will be considered as exclusively attached to the flat on each floor i.e. a private terrace

 

if your uncles are not disputing this then they can become confirming parties in the sale deed between your father and his buyer 

 

in this sale deed, the flat with the terrace will be sold to the buyer and since your uncles will be confirming parties, this transaction will bind them and they cannot raise any dispute or claim in future


if your uncles are disputing then even your father can claim 1/3rd undivided share in the open area on ground floor and terrace on first floor

 

Yusuf Rampurawala
Advocate, Mumbai
2501 Answers
8 Consultations

5.0 on 5.0

Dear Client,

Terrace is common area as there`s no mention in document if specific right vest in your father. Absolute right can be inferred if terrace is under absolute control and use of your father than you can demand, belongs to you.

Yogendra Singh Rajawat
Advocate, Jaipur
6468 Answers
5 Consultations

4.7 on 5.0

Terrace  forms part of common area for benefit of all co owners 

 

you have no ownership rights on terrace 

Ajay Sethi
Advocate, Mumbai
54249 Answers
3256 Consultations

5.0 on 5.0

terrace forms part of common area for benefit of all owners.
no construction can be carried on in terrace without consent of all co owners.

Mohammed Mujeeb
Advocate, Hyderabad
3199 Answers
2 Consultations

4.5 on 5.0

Hello,

If there is no mention of the terrace in any of the document then the same happens to be a common property and can not be sold by you. 

Regards 

Anilesh Tewari
Advocate, New Delhi
13226 Answers
173 Consultations

5.0 on 5.0

The terrace of the building belongs to all the title holders it is not the property of the second floor holder and in case the title is being transferred to any third person the no objection certificate is needed from other to titleholders

Vimlesh Prasad Mishra
Advocate, Lucknow
3780 Answers
7 Consultations

4.9 on 5.0

Terrace is always common belonging, 

If you have any registered  document in which it mentioned that terrace belong to you then only you claim right on terrace and this allowed only in case of personal property  and no objection by other co owner s 

In case of society terrace is common for all member s of society

According to Section 4 (1A), (iii), (viii), (x) and Section 10(1) of Maharashtra Ownership Flats Act, 1963, the builder/developer has no right to sell the terrace. The builder also does not have the authority to sell the terrace of a building. As per law, all open spaces in a building, including the terrace is a common easement for the benefit of all the members

Dimple Jain
Advocate, Jodhpur
205 Answers

Not rated

terrace is of common belonging unless it is specifically mentioned in your agreement for some other arrangement.

Prashant Nayak
Advocate, MUMBAI
3404 Answers
2 Consultations

4.8 on 5.0

If there is no mention about terrace rights conferred on a single owner, then it can be considered as common area belonging to all the owners.

 

T Kalaiselvan
Advocate, Vellore
44215 Answers
504 Consultations

5.0 on 5.0

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