1.  You own the entire building, including terrace, in view of registered Sale Deed in your favour.

2.  Even if the seller has converted terrace in to a room, even though it's not mentioned in the sale deed as also since there's no registered document between you and the seller to that effect, the ownership of the entire building lies with you only. 

If terrace is mentioned you ate owner of first floor 

2) conversion is done subsequently 

In the case of an independent cottage, whether a buyer is entitled to terrace rights depends on the specific terms outlined in the sale deed and other relevant documents.

If the cottage is an independent and separate building then the buyer is the absolute owner of the entire property/building along with the appurtenances  purchased by him through a registered sale deed.

If the seller puts up a room without the consent of the buyer over the terrace, it is an interference in the possession and enjoyment of the buyer hence the buyer can file a suit for permanent injunction restraining the seller from interfering in his possession and enjoyment of the property besides an application for mandatory injunction to remove or demolish the illegal and unauthorised structure built on the terrace by the seller. 

• If you can establish that the terrace was part of the property sold (despite the description), you own both the terrace and the room made on it.
• If not, the builder may argue that he retained ownership, and you may have to claim it through legal action based on oral agreements, improvements made, and intention of parties at the time of sale.

You should get a survey and title verification, and if the builder refuses to hand over the first floor, you can seek a declaration of ownership and injunction before the civil court, relying on your payment and the absence of any agreement granting him rights.

Yes it’s basically the land and ground floor as measuring area needs to mention. Furthermore the construction done should be legal in the said case

1. If the cottage is an independent building and the registered sale deed conveys the entire land + structure, the terrace (and any later construction on it) is generally presumed to belong to you, even if not described as “first floor” in the deed.

2. Since there is no separate registered agreement giving terrace rights to the seller, the conversion into a room after sale does not make it his — you can claim it as part of your property.

What you should do:

• Check the building plan & sanction — if terrace is part of your plot/building, you can assert full ownership.

• If the seller still occupies the first floor, file a suit for declaration & injunction to confirm ownership and restrain interference.

• Keep proof of your payment for the conversion — this strengthens your case.

1. Property is sold as house not as apartment. You are absolute of first floor and all floors above whenever built.
2. After transfer of property, seller has relinquished to even enter the He has to right  to first floor.

1. Ownership of the Terrace (First Floor) if Not Explicitly Mentioned in Sale Deed

• In Indian property law, ownership is primarily determined by what is described and conveyed in the registered sale deed. The sale deed supersedes other records unless otherwise stipulated.

• Since your sale deed explicitly mentions only the land and the ground floor, and omits reference to the terrace/first floor, your legal title in government records is restricted to what is documented in the sale deed.

• The khata entry describing the first floor as “terrace” is an administrative record, but does not override the sale deed. If the terrace (now converted room) is not described in the sale deed, it will not be considered part of the property transferred to you under law unless there is strong supplemental evidence.

• The builder’s claim that the terrace is “implicit” does not carry legal weight unless it is confirmed by the layout plan, sanctioned drawings, or any supplementary agreement. Courts rely on the contract language.

2. Conversion of Terrace to Room After Sale Deed—Who Owns the Room?

• If the conversion (from terrace to room) was made after execution and registration of the sale deed, the critical question is whether your sale deed or subsequent documents record any right over the terrace or the newly constructed room.

• If you paid for this conversion, and can produce documentary evidence (receipts, approvals, builder’s communications) showing the builder’s intention that you should have exclusive use and ownership, it may support your claim. However, in absence of explicit documentary mention, the legal title remains unclear and the builder may argue that the area was not sold to you.

• If the first floor is still in builder’s possession, and there are no agreements transferring its ownership or use to you, your ability to claim exclusive rights over it is limited. You may have an equitable right based on your payments and expectations, but not a registered legal title.

Actionable Legal Advice:

• Collect all documents: sale deed, khata, conversion receipts, builder’s correspondence, any promotional material, layout plans, sanction drawings.

• If your intent was to buy both ground and first floor, and if payment/consideration was made for the terrace/first floor conversion, you should seek to

  • Have your title regularized by way of a rectification deed or

  • File for declaration of title or specific performance if the builder refuses to cooperate.

• If builder continues to use the first floor, despite your investment, collect evidence and formally demand possession. If no agreement is possible, judicial remedy may be needed.

Summary:
Based on present documents, you do not hold recorded title to the first floor/terrace absent mention in the sale deed. Post-sale conversion alone does not convey ownership unless contractually recorded. You should pursue documentation rectification or legal action, supported by all evidence of payment and intent.

For assistance in pursuing legal remedies, drafting communications, or court representation, please contact me for a personalized consultation. Your rights depend on demonstrating both payment and intent, and securing proper documents to protect your interests.

• You have purchased a cottage in a resort comprising ground floor and a first floor structure. The sale deed records the land and the ground floor but describes the first floor in the municipal Khata as “terrace” (ಮಾಳಿಗೆ). The builder now claims continued right over the first floor, despite the fact that:

  • The first floor construction (room) was carried out at your request and cost.

  • There is no agreement reserving rights in favour of the builder.

  • The cottage, as a building unit, was sold to you under a registered deed of conveyance.

  Opinion:

  1. Ownership of the terrace / first floor:
     Under Indian property law, ownership of land includes all structures thereon, unless specifically excluded in the sale deed. Even if the deed mentions “ground floor” and “land,” the fact that the Khata shows a “terrace” does not automatically vest ownership of the terrace/first floor in the seller. Since the cottage was sold as a whole unit and no express reservation of rights was made by the builder, the presumption is that the entire structure standing on the land—including terrace/floor thereon—forms part of the transfer.

  2. Effect of converting terrace into a room:
     You have stated that the terrace was converted into a room at your request and cost. This strengthens your claim because:

     • The builder undertook construction as a contractor/service provider, not as an owner.

     • Improvements made to the property, once annexed, become part of the immovable property belonging to the transferee (you), unless specifically contracted otherwise.
       Therefore, the conversion does not give the builder ownership; rather, it is an improvement of your property.

  3. Risk in documentation:
     The main weakness lies in the sale deed not expressly mentioning “first floor.” This omission allows the builder to exploit ambiguity. However, courts have consistently held that intention of parties and consideration paid are decisive. Since no reservation of first-floor rights exists, the builder cannot now claim ownership or usage.

  4. Legal remedies / next steps:

     • You may seek a declaratory decree under Section 34, Specific Relief Act, affirming that the entire structure, including first floor, is yours.

     • Simultaneously, seek permanent injunction restraining the builder from interfering.

     • Municipal records (Khata) should be rectified to reflect full structure in your name. You may apply for mutation showing the “terrace room” as constructed area.

     • Since the builder’s continued occupation is without right, you may also claim mesne profits / compensationfor his illegal use of first floor.

  Conclusion:
  The builder’s argument that the first floor remains his property is untenable. Terrace/first floor forms part of your purchase, and subsequent conversion at your expense only strengthens your claim. The remedy is to have your ownership rights declared and records corrected through civil proceedings.

  
  Thanks & Regards 
  Adv. Aman Verma
  Legal Corridor

-  If the land and ground floor is mentioned in the sale deed , it means that you are the owner of the entire constructed area over the land