ILOVEINDIA (NONE) 05 October 2009
hi evry1
i have purchased a part of terrace above my flat in a appartment in kolkata.the society association claims that the terrace can not be sold by the promoters.But in this case the promoter has stated in the land/construction agreement that the promoter has the rights to use/transfer the terrace.
pls reply as soon as possible
regards
manoj
A V Vishal (Advocate) 05 October 2009
In your case it is not clear what is the basic agreement of the promoter. In most cases terrace is a common area and everybody has a right over the same, however the development agreement has to be verified in order to ascertain the terrace rights.
AEJAZ AHMED (Legal Consultant/Lawyer) 05 October 2009
Dear Brother,
It is observed by Hon'ble High Court of Mumbai, in one of the Judgement:
Ramagauri Keshvlal Virani vs Walkeshwar Triveni Co-Operative Housing Society
Ltd. & Others decided on 5/7/1999
https://indiankanoon.org/doc/122497/
" 11. In fact none of the provisions individually or collectively authorise the builder to sell a terrace of the building. The words such as common areas, facilities, carpet area do not include "the terrace" and therefore none of the aforesaid provisions can be interpreted to mean that a builder or promoter can dispose of the terrace to one of the purchaser of flat.
12. It is therefore clear that there is no statutory provision authorising a builder to sell terrace to the petitioner........"
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