OPEN TERRACE BELONGS TO SOCIETY ONLY
N.J. MISHRA
(Querist) 28 January 2011
This query is : Open
PLEASE MEMBER SUGGEST ME.
ONE OF MY CLIENT OWN A FLAT ON SEVETH FLOOR OF THE BUILDING. THE BUILDER HAS SOLD THE TERRACE OF THAT BUILDING TO THE OWNER OF THE 7TH FLOOR FLAT AND THERE IS AN AGREEMENT REGARDING THE SAME. IN THAT AGREEMENT THERE IS ONE CLAUSE THAT SAYS THAT "TERRACE ABOVE 7TH FLOOR OF THE BUILDING FOR THE EXCLUSIVE USE OF THE PURCHASER OF FLAT ON THE 7TH FLOOR OF THE BUILDING. NOW THE SECRETARY SEND A NOTICE TO MY CLIENT STATING THAT AS PER MCA ACT, THE OPEN TERRACES ON THE BUILDING OF ANY HOUSING SOCIETY IS PART OF THE COMMON AREAS OF THE SOCIETY AND THE SOCIETY HAS THE ABSOLUTE RIGHT OVER IT AND IS ABSOLUTE OWNER AND BENEFICIARY. NO OTHER PARTY HAS CLAIM OR RIGHT OVER IT.
MEMBER PLEASE SUGGEST ME AND WHAT I HAVE TO REPLY THE SAME. ANY CASE LAWS SUPPORTING THE CASE PLEASE PROVIDE.
