Terrace flat
Sunil
(Querist) 11 November 2013
This query is : Resolved
Our building was constructed in 1962. The Builder had constructed a terrace flat which was retained by him. He subsequently sold it. The second owner sold the flat to the present owner. The building is now going in for redevelopment. The Managing Committee has said that the said terrace is a common property as when it was constructed it was free of FSI. Hence the present owner cannot claim the pocket terrace though the entry to the same is exclusively from his flat. What is the legal standing in this case? The present owner is trying to exert pressure with the support of a couple of members to claim full 100% area of the pocket terrace, wherein the PMC suggests that 33% to 50% can be given though the final call remains with the Managing Committee.
Your advice is eagerly awaited.
Raj Kumar Makkad
(Expert) 12 November 2013
Terrace is a common place owned exclusively society and none can claim his exclusive ownership including the present owner/builder. Proportionate area can be provided in the given case.
arunprakaash.m.
(Expert) 12 November 2013
It is a private terrace. only common terrace comes under the common usage. more over MOFA Act come much later in the year 1963. Only on the redevelopment MOFA Act will be appliable
Rajendra K Goyal
(Expert) 12 November 2013
Common place in the building can not be claimed by any one.
