SAm (hello) 01 September 2011

Who is owner of terrace ? is it ok in agreement

Hello,

I am about to sign an agreement for buying an appartment in Bangalore.

There is below claws in the agreement

" The purchaser agreed that the terrace of the proposed construction shall

remain under the control of the developer and that only the developer shall

always have the sole rights to display advertisements or hoarding on the

terrace of the proposed construction either of their own or any third party

and shall be exclusively entitled to any income that may be derived from the

same till formation of the residents association and handing over of the

maintenance activities by the developer to the governing body of the duly

formed Association after the handing over of the maintenance rights to the

Association the revenues shall be shared by the developers and the

Association on mutually agreed terms."

How can we agree to give terrace control to builder. More over if he gets future approval then he can construct further floors. And we have to share undivided land and aminities.

This is not acceptable, is there any law regarding this in karnataka?

Cheers,

SAm

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2 Replies

SAm (hello) 01 September 2011

There is one more

"The purchaser hereby agreed that the developer shall have the right to

make additions in the proposed construction subject to obtaining

necessary approvals to sanction plan from concerned authorities and from

Building owners association, In addition to the above these construction

should not cause/result any damages to the Schedule B. The developer

shall always have the right to use the common passages and amenities in

the proposed construction for the said purpose and the purchaser shall

have no right to object thereto or to cause any obstructions or impediment

thereto on any grounds whatsoever till the handing over of apartment to

the purchaser."

Adding both the developer has complete ownership of terrace, and can do what ever he wants.

Please suggest me.

kamal (Creative) 01 September 2011

Hi,

I have a similar situation. THe Agreement to sale has been duly signed and registered in which the builder has similar clause for the terrace. At the same time builder has received money for the attached terrace with the flat. Wonder if the clause means the terrace above the said flat or the open and attached terrace with the flat. According to my understanding, the intention of the Builder and the Seller is to give the right of the terrace to the buyer, otherwise no charges were to be paid to the builder.

Anyone with more knowledge and experience please throw some light.

Regards,