Legal Question in Real Estate Law in India
Terrace Rights
I have brought a residential flat in an apartment at Kukatpally, Hyderabad. Each floor is having 3 flats. It has a sanctioned plan of G+2 and the builder constructed one more floor with 3 flats and a pent house after that. At the time of selling the flat the builder indicated that the common place available at the terrace other than pent house will be available to all the owners of the flats but did not mentioned that in the documents of the flat owners residing at G + 2. In fact he added the clause of all terrace rights to all the flat owners residing at 3 floor (Above G + 2) and pent house owner. Now the problem is pent house owner is saying that he got exclusive rights on the terrace as his document is prior to all the 3rd floor owners and not allowing all the owners of the flats in to the terrace even though we have Water tank on the top of pent house.
Now we want to know how he can restrict the right of entrance to all the owners including 3rd floor and does he has the legal right for that? Does builder has the right to sale the terace rights after G +3? By getting the document for the builder stating the all the flat owners have the rights to terrace will resolve the issue? All the flat owners are willing to report.
2 Answers from Attorneys
Re: Terrace Rights
The parties may be bound by the agreement as per Contract Act. If there is any breach, you may consider filing a case for compensation before the Consumer Forum or the civil court.
Re: Terrace Rights
Access to common area can not be denied. Entire terrace can not be given to one flat holders. Some part is required to be kept common for utilities & facilities like water tank, lift room etc.
Approach the court for relief.
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