Sale of Apartment

Govind (Querist) 04 May 2010 This query is : Resolved
Sir / Madam,

Can a Builder sell the terrace area as a private terrace garden to the prospective buyer of an apartment which is just below the terrace and in that case what shall be the cost of the same.

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R.R. KRISHNAA (Expert) 04 May 2010
Yes. Sale of terrace is permissble provided that the other flat owners have no right over the terrace. The sale deeds of the other flat owners must have express covenant that they own no terrace rights and builder has every right to deal with the terrace.

Raj Kumar Makkad (Expert) 04 May 2010
In case flat owners are jointly owners of the terrace then builder has no right to sale it and all owners can sue and get stay order against him and if position is otherwise then builder has every right to sale it.

G. ARAVINTHAN (Expert) 05 May 2010
Verify with the sale deed about the common area and usage/maintenance agreement. if you are provided with undivided share of the terrace in the said building, then he can not sell to anyone.

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