He is not owner of terrace but only allotted to builder relative
2) you cannot be denied access to terrace as it forms part of common area for benefit of all flat owners
Acquire terrace
Good Evening Sir, I am residing in Pune. We reside in stand alone building which has only 7 flats. On 8 floor there are two terraces. the Building is !0/11 years old. 7th floor is occupied by builders relative. And also they have acquired one of the terrace which is 1500 sq.ft. In the sale deed it is mentioned that 1500 sq.ft terrace is allotted to Flat No 701amd remaining area admeasuring about 320Sq.ft is kept as common terrace. The seventh floor people doesn't have private access to the 1500sq.ft terrace. and also to mention the ducts have access from the said allotted terrace. The seventh floor person till date has not paid any maintenance for the 1500sq.ft terrace but gets all the work done through the maintenance collected by all 7 floors. He doesn't give access even if there is leakage problem. The duct access is only from the 1500 sq.ft terrace. In the agreement its written allotted that's it. Its Not mentioned that others cannot use it. So may we know IS this legal to acquire the terrace in the name of allotment?
Asked 2 years ago in Property Law
Religion: Hindu
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6 Answers
You can check the layout of PMC and Plan passed by PMC whether its truly terrace is part of 7th Floor flat 701 or just its given by builder.
Other members can challenge this in PMC court and RERA.
Plus for not paying maintenance you can make complaint in the CHS sub registrar of your area.
Terrace is a common area and the same cannot be sold.
The builder cannot misuse the situation to his benefit by issuing a allotment letter to his relative allotting the terrace area without any basis.
As per plan the floor above 7th floor is a terrace, which is a common area.If somebody is using it without allotting other members of building then it is illegal.
The terrace occupier cannot avail the services of maintenance without paying the charges for maintenance.
You can make a complaint with the local civic body about it and get it vacated because it can be considered as illegally occupied since no such facility has been shown in the building plan approval
You can acquire terrace if it’s a common area
Dear Client,
Based on the information you have provided, it is not legal for the owner of flat 701 to have acquired the 1500 sq.ft. terrace in the name of allotment. The terrace is a common area for the benefit of all flat owners, and it cannot be allotted to a single flat owner.
The fact that the sale deed mentions that the terrace is allotted to flat 701 does not make it legal. The sale deed cannot override the provisions of the Maharashtra Ownership Flats Act, 1963 (MOFA), which states that all common areas in a building must be shared by all flat owners.
The owner of flat 701 is also not entitled to use the terrace for free. They must pay their share of the maintenance expenses for the terrace, just like all the other flat owners.
If the owner of flat 701 is refusing to allow access to the terrace or to pay their share of the maintenance, you can take legal action against them. You can file a complaint with the Maharashtra Real Estate Regulatory Authority (RERA) or with the Pune Municipal Corporation (PMC).
