Terrace rights
rashi kakkar
(Querist) 11 December 2016
This query is : Resolved
Hi, 2years I bought 2nd floor(top floor) in C.R.Park. as per my papers our'sis a barsati floor constructed almost 19years back. After moving in we came to know that the terrace is owned by the 1st floor owner and she has done illegal construction also on complete terrace. We asked her the proofs for the same which she denied. Please advice who has the legal right of the barsati floor terrace. What are the legal aspects which we should consider.
Kumar Doab
(Expert) 11 December 2016
You should have visited a very able counsel specializing in revenue/property for proper legal opinion before signing agreement or paying.
You may show the sale deed, approved map etc to your own counsel for a considered opinion.
Rajendra K Goyal
(Expert) 11 December 2016
Whether the construction is illegal or she has no ownership on the roof where construction is done?
Try to get all the proofs of ownership from Registrar office.
Show all documents to local lawyer and discuss in detail.
R.K Nanda
(Expert) 11 December 2016
contact local lawyer.
Sri Vijayan.A
(Expert) 11 December 2016
Dear Rashi Kakkar,
Try to get the plan of building as approved.
Find a good local lawyer who has exposure and experience in property cases and particularly building disputes and give the plan and other related documents.
Get advised by the lawyer.
Kumar Doab
(Expert) 11 December 2016
If the construction/flat was illegal how did she and you succeed to register it!
Ms.Usha Kapoor
(Expert) 12 December 2016
Get the building construction approved by a civil Engineer. If the construction is illegal how the sub registrar gave approval for it?Check whether she has ownership on the terrace?
Hemant Agarwal
(Expert) 12 December 2016
1. IF the 2nd Floor is Constructed over the "barsati floor terrace", AND "IF" you have purchased the 2nd Floor House, THEN the FIRST best thing to do is to keep quiet and dispose of the 2nd Floor property. Sale-Purchase or Registration of the Deed, is not going to legalize such illegal construction, in any way, and neither the Registering Authority is responsible for any verification of such illegalities.
2. PAN India, Terrace is a FSI-free open space and CANNOT be enclosed /encroached and enclosures are ultimately liable for demolition, under the local Regional Town Planning Act.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Kumar Doab
(Expert) 12 December 2016
Morale of the Story:
You should have visited a very able counsel specializing in revenue/property for proper legal opinion before signing agreement or paying.
A few thousand rupees fee to your counsel could have protected Lakhs of your hard earned monies.
Kumar Doab
(Expert) 12 December 2016
Thanks for agreeing Mr. Goyal.
'Buyer Beware' applies to property deals.
Hemant Agarwal
(Expert) 13 December 2016
Shri Kumar Doab:
While endorsing your "Morale of the Story"
There is another one "Penny Wise, Pound Foolish".
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Guest
(Expert) 13 December 2016
mr.hemant agarwal Clients to Advocates and Patients to Doctors Approach them for their Problems.Some Problems Could be in the Nature of Invited by them Also.For That Reason You Should Not Comment the Querist /Author as "Foolish" and you should Mind your Words Here
