Praveen Singhai (Advocate) 03 October 2011

Sale of terrace

Dear Members,

Is there any specific law prevaling which says that the terrace of a building can be sold out seprately??? If yes pls provide me the citation for that. Or we are in impression that it can be sold by wish of concern builder, if that is then which provision of act gave such power??

As i understand, like the land beneath the flats is divided in above flats perporionaly the why not the terrace??? that is also part an parcel of the building or flat???

Please advice me .. Thanks

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3 Replies

K. GOPALAKRISHNAN (ADVOCATE) 03 October 2011

As per the provisions of the Transfer of Property Act, partial transfer can be made. In the above scenario, all the flat owners who are holding propotional undivided share in the land should join in execution of the sale deed and reliniquish their share in the land proportiontely to the proportionate area of the terrace. However it should be verified that whether the building approval is obtainable to construct superstructure in the terrace. If the same could not done, there is no use in transferring the terrace to any third party.

SAA_Bombay (Pro) 03 October 2011

Dear Mr. Praveen,

As far as my knowledge, Tarrace falls under the common area discripttion of building proposal. Govt. does not calcuate the tarrace in FSI to builder. hence, Builder nor society members can sales tarrace. (Some of the buildings have tarrace flat, in that case, one can sale tarrace)