Terrace rights
shivam puri
(Querist) 11 May 2013
This query is : Resolved
Hi I just bought a flat with an attached terrace of 960 sq ft, located on the 20th floor with a reputed builder. In the agreement, terrace has been shown to have an entrance from the common amenities section of the lift area. He has however clearly stated the terrace as belonging to the owner of the flat and also mentioned area of terrace in the registered agreement. However after the stamp duty/registration procedure, the bank is refusing to extend the loan on the property citing the floor plan submitted with BMC which shows no opening for the terrace from either the flat or the common entrance. Builder is proposing to get the loan done through another bank but I am confused on whether the society would have the right to terrace once builder has transferred all the rights to society and moved out? pls advice...
Devajyoti Barman
(Expert) 11 May 2013
The plea of bank is refusing the loan is not well sounded. Try in another bank.
shivam puri
(Querist) 11 May 2013
Thanks for the prompt response Devjyoti...But should I also ask the builder to get the BMC floor plan changed(obviously a tough ask but can try) for my floor and show an entrance into my flat in the bmc floor plan too? Or considering that the builder has clearly mentioned in the agreement that the terrace belongs to the owner is sufficient as a document to establish my legal right over the terrace? and takes away the society right?
