Pune | 05 Feb, 2022 (10 months ago)

Property Law

Terrace Sold by Builder as part of Penthouse

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. HOWEVER, I have already bought a penthouse from a builder in 2010 and the same year the sale deed was registered annexured with the layout of my flat with staircase access to a private terrace. The society got formed in 2016. Can society now take objection to the builder having sold the terrace to me? The PMC has sanctioned/approved the penthouse layout and I have the sanctioned blueprint which shows the staircase and my privately demarcated terrace area secured by a wall and a 7 feet door. The registered sale deed unfortunately only mentions " developer grants the purchaser license to use of terrace above the flat." But it has an anexxured drawing which shows the terrace and staircase. I have also PAID to the builder x amount towards the cost of the terrace. As per his costing sheet, the total area of my flat included the area of the terrace. What is my legal recourse? Will I have to break the staircase and seal the opening and hand over the terrace back to society?
Answers
05 Feb, 2022 | 21:10

Please reach me at 9794148274


05 Feb, 2022 | 20:52

Client client
As per your submission it reveals that it is the matter of Maharashtra ownership flats act however as per stated principle of law to use the terrace it is your easementary right see society has right to take an objection but legally society cannot stop to the builder for saving are can challenge the cell did however the court has power to stop the sale or it can be challenge before competent civil court how it can be a challenge we have to make the discussion about it
You can show me sale deed then we will discuss your case you can call me for advice on
9359867 870


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