on redevelopment builder cannot offer you personal terrace
2) builder is correct that only 33 per cent of existing personal terrace would be considered
3) builder proposal is valid
Redevelopment scenario for a flat with personal terrace
I purchased in 2017 , a 35 year old Flat on top floor of 4 storeyed building. Every floor had two flats .At the time of construction previous owner told the builder to construct only one flat on 4th floor and rest space to be kept open, unconstructed. So he had two proper agreements with the builder. 1) For the flat ( 4th floor ) 2) For terrace adjacent to flat on ( 4th floor)Entry from inside of my Flat Note : Above my flat there is a common terrace for members , which has separate access for all . Now redevelopment stage has come and builder says that only 33% of existing personal terrace would be considered. How can I fight this as on property papers I have paid for both flat and personal terrace. Is builders proposal valid for me.What should I do?
Asked 6 years ago in Property Law
Religion: Hindu
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
7 Answers
That shall not be consider Tereace . That's your open portion and balcony, terrace is at the top i.e. above your flat.
You can demand fresh construction with same open Space.
You can file writ petition in HC for such illegality of the builder
No builder proposal is not valid for you because you have already paid for flat as well as personal terrace.
You should negotiate with builder for increasing the consideration percentage of personal terrace.
You can file a suit for permanent and mandatory injunction against builder for providing you complete value of your flat and terrace or provide you proportionate area after redevelopment.
yes, builder proposal is valid.
You may see the redevelopment conditions.
If any condition appears to infringe or deprive your rights then you may record your objection and refuse to sign the agreement
You can fight for your rights, if not agreed then you may file an injunction suit to obtain stay order against the proposed redevelopment
- As per the information mentioned in the present query, makes it clear that there has been clear violation of the terms and conditions of the agreement.
- When there has been specifically mentioned about the portion so entrusted in you and it’s usage then the same cannot be super ceded by any subsequent redevelopment plan.
- Yes, you should approach the court of law to get stay/ injunction against enforcement of any such redevelopment plan.
