Dear sir terrace has been sold /blocked for all flat owners by builder , purporting as 20 years back document mentioned cellar terrace rights are with builder what is the legal remedy before that ,which authorities to approached laxman shukla Hyderabad
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Terrace forms part of common area for benefit of all flat owners
2) file complaint against builder before consumer forum and seek orders to direct builder to hand over terrace possession to society formed of flat owners
3) seek litigation costs and compensation for mental torture undergone by you
No builder can legally reserve exclusive terrace and cellar rights to themselves. You need to challenge that document in court, in consultation with a local lawyer.
You need to approach the corporation, consumer court Or civil court depending on facts of your case
- A terrace is a common space that is accessible to everyone living in the building and it cannot be sold .
- Further , the builder has no legal right to sell an area which is shared by all members of the building , and any flat owner cannot claim ownership of the terrace and deter other owners from using the same.
- Further, no construction works can be carried out on the terrace without the consent of all co-owners of the building.
- Further, no Flat owner can put up a permanent structure on a common property or put the common property for any exclusive use.
- As per law, all open spaces in a building, including the terrace is a common easement for the benefit of all the members who are entitled to enjoy the same as shown in the Municipal Corporation records.
- Hence, you can lodge your complaint against the said builder before the consumer forum , and also file a complaint with the municipal corporation as well.
First of all you should ask the builder to produce the document by which he claims rights over the terrace.
If the apartment complex is administered by an association of the owners, then the society/association can very well object to this and refuse to allow the builder to sell the terrace rights to anyone of his choice since it is a common area and belong to the society and not to the builder.
If there is no society then all the individual owners can join together and oppose the moves made by the builder and file a suit for injunction restraining the builder from going ahead with his manipulated plans to grab the terrace rights on the basis of some fabricated documents.
