Terrace can be sold by builder?
SANJEEV CHAUHAN
(Querist) 06 March 2012
This query is : Resolved
Sir,
IN MARCH 2011 I HAD BOOKED A FLAT ON THE FOURTH (TOP) FLOOR OF A BUILDING ALONGWITH ITS ADJOINING TERRACE.
AT THE TIME OF BOOKING THE BUILDER ASKED FOR PAYMENT FOR 1158 SQ FT (SUPER BUILT UP AREA)+ 40% FOR THE TERRACE.
TILL DATE I HAVE PAID MORE THAN 50% SUM IN CASH TO THE BUILDER WITHOUT ANY RECEIPT FOR THE PAYMENT. THE BUILDER ONLY WROTE THE SUM HE HAD RECEIVED & SIGNED AGAINST IT IN A ROUGH DIARY AND GAVE TO ME, THIS IS THE ONLY PROOF OF PAYMENT. REST OF THE SUM WILL BE PAID BY ME THROUGH BANK LOAN.
NOW WE ARE GOING TO FINAL THE SALE DEED. BUT THE BUILDER IS NOW SAYING THAT HE WILL NOT MENTION THE TERRACE IN THE SALE DEED.
LATER, I CAME TO KNOW FROM SOME ADVOCATE THAT THE BUILDER CAN NOT SALE THE TERRACE.
SIR , IS IT TRUE OR OTHERWISE.
PLEASE GUIDE ME AT THIS JUNCTURE AS I HAVE PAID MY SAVINGS OF LAST 5 YEARS. I REALLY DO NOT KNOW WHAT TO DO.
EAGERLY WAITING FOR YOUR REPLY.
Srajadvo460
(Expert) 06 March 2012
Is there any sale agreement? further you got to verify whether other flat owners have been allotted common share of the terrace if yes then you cannot claim exclusive right of the terrace. from your query it is the builder who is having the upper hand and now he wants to squeeze out some more extra money from you. further if the terrace have been shown as common area for other flat owners then he cannot sell the terrace to you even if you pay more.
Ghanshyam Prasad
(Expert) 06 March 2012
If you have no agreement for sale of terrace,you can not object.
Raj Kumar Makkad
(Expert) 06 March 2012
legally terrace cannot be sold or bought as this is common area but if other co-residents have also paid money to builder then follow them because you have no legal proof of receipt of your hard earned money from the builder and you are no the weak footing if litigation is started by you on this ground.
SANJEEV CHAUHAN
(Querist) 07 March 2012
THANKS ALL OF YOU, SIRS.
IT SEEMS THAT I WILL NOT BE EASY FOR ME TO RECOVER MY HARD EARNED MONEY FROM THE BUILDER WHO ARE INFLUENTIAL ENOUGH.
I WANT TO MENTION HERE THAT THERE ARE TWO MORE FLATS LIKE MINE WHERE FLATS ARE ADJOINING WITH TERRACES AND THE BUILDER ARE SELLING THOSE TERRACES ALSO TO THE RESPECTIVE FLAT OWNERS. IT IS POSSIBLE THAT THE BUILDER IS MAKING FOOL OTHER OWNERS ALSO. MAY I INFORM THEM?
FURTHER, THE BUILDER IS SAYING TO OTHER FLAT HOLDERS THAT IN FUTURE ,IF HE GETS PERMISSION, HE WILL CONSTRUCT MORE FLATS ON THE TOP TERRACES (TERRACES ABOVE MY FLAT), AS THESE TERRACES ARE NOT INCLUDED IN THE SUPER BUILT UP AREA.
BUT I THINK THE AREA OF TERRACES IS ALSO INCLUDED IN THE SUPER BUILT UP AREA OF ALL THE FLAT HOLDERS.
SIR, IS THERE ANY OTHER WAY TO ,ANY HOW , MAKE SOME AGREEMENT WITH THE BUILDERS SO THAT THEY RETURN MY MONEY .
Raj Kumar Makkad
(Expert) 08 March 2012
You can try all possibilities to recover your money and even can use threatening to tell this fraud to subsequent buyers etc.
V R SHROFF
(Expert) 08 March 2012
It it is common terrace, builder cannot sell it.
