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darshait mangal   13 July 2020

Roof rights

We are owner of one flat out of 6 flat in building(G+3). it is mention our registry that buyer of flat does not have rights over the terrace and the whole part of terrace is equally share by land owner and builder. Now builder has purchased whole terrace from land owner and build a additional floor.my question is

If it is mention in everyone registry that flat owners have no rights over the terrace , can the society still fights for terrace rights in court ? what is probability of winning?

As we know terrace is common area, does this law still protect us ?

If builder has made construction on terrace, what should we do ?



Learning

 3 Replies

M.Sheik Mohammed Ali (advocate)     13 July 2020

in your sale deed mentioned about terrace, if it is not mentioned, you have not rights over terrace, and same time you want to stop further construction immediately lodge the complaint against the building plan approval authority, and other buyers conjointly file suit for injunction.

P. Venu (Advocate)     13 July 2020

Yes, first of all verify whether the plan for construction has the sanction of the local body.

darshait mangal   13 July 2020

thankyou Sir

 


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