Re sale of penthouse

Don't you have a registered sale deed on your name.

Are you owning the property just by an agreement?

If so you cannot sell the property without clear and marketable title to your name.

If you have a registered sale deed on your name then go through the document and confirm if the penthouse and the terrace is a part of the property sold to you by this registered sale deed.

If yes then the society cannot raise any objection against selling the property as found in the sale deed.

Sir. Registered sales deed is in my name. In the deed terrace is mentioned as to be used exclusively by me and not other flats. But in the registered deed the total square feet area is only for the flat area without the terrace. In registered sales deed the terrace is marked as part of my flat. But in BMC map nothing is marked as such.

From last 14 years no one has objected to this. But If I sell the flat then can any member object and stop the transfer

The BMC map is not the authority.

If your sale deed is containing the words that the terrace is part of the property then you can very well sell the property as found in the sale deed. 

Since everyone knows that the terrace is under your property, no one can object you sellig the terrace along with your flat to the prospective buyer, if anyone does, you can challenge them in the court of law. 

Dear Raam Kasam,

Thank you for your query! I am Aadil and I will try to answer your question.

The short answer for your question will be NO, the society cannot raise any objection and claim the said terrace.

As long as the registered sale deed that granted you the ownership of the said property specifically mentions your ownership over the terrace, the Municipal Corporation cannot raise any objection if you may choose to sell the property.

It must be noted that if by any chance the BMC owns the terrace, then you cannot sell it and cannot claim ownership over it through the law of adverse possession as you will have to reside on the land for over thirty years to claim the same.

This is because although to claim the law of adverse possession over a private land you need to reside in it for only 12 years, but to claim the same for government land, the time period is thirty years.

I hope this helps. Thank you for your time and patience!

Regards,

Aadil