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Can a society in mumbai sell/lease a terrace

(Querist) 12 May 2014 This query is : Resolved 
I have a office on the third floor and there is a terrace attached to my office. This terrace does not attach any other office. The common terrace is seperate.

1. Can the society Lease or sell the same to me.

2. Can i buy TDR and cover the terrace after resubmitting the plan to the BMC
Sankaranarayanan (Expert) 12 May 2014
If it is common area then I can not be sold
ajay sethi (Expert) 12 May 2014
no society cannot sell terrace to you . it forms part of common area for benfit of all members .
Rajendra K Goyal (Expert) 12 May 2014
Common area can not be sold.
Amit (Querist) 12 May 2014
Can the society Pass in the AGM a proposal to Lease/Sell and then lease/sell the same
Shashikant V. Patil (Expert) 13 May 2014
Terrace is a common property of Society. All the members can use it. If at the whip of some vested interest people , trying to sell or lease , all the like minded members should take strong objection.
Hemant Agarwal (Expert) 23 July 2014
for "Amit" :

1. IF the "terrace" is a "private terrace", which is accessable ONLY from your own office, THEN you can certainly buy TDR and cover the terrace with the written permission of the Municipal authorities, subject to compliances of relevant documentations. IF the Municipal authorities grants permission THEN the Society NOC or whatever is NOT required.

2. IF the terrace is a "common terrace", which is accessable to EVERYBODY, THEN it cannot be covered, even after purchasing TDR.

Keep Smiling .... Hemant Agarwal
http://hemantagarwal21.blogspot.in/?view=sidebar
V R SHROFF (Expert) 29 July 2014
Pvt terrace can be used by you , municipality will impose Tax ..


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