Terrace flat
Kish Mahajan
(Querist) 16 April 2016
This query is : Resolved
Dear Sir, I have purchased a 2bhk flat wt huge terrace in Thane but on the agreement it's not mentioned in square metres or in words, but I hv been charged .on inquiry builder is saying that don't mention but v can use it, what I am supposed to do now to make it legal please guide, Can the agreement be amended, is it allowed or can v add it as open space ,y has the builder not added despite of taking money pls guide & advise
Thanks
Guest
(Expert) 17 April 2016
1) Myself from Thane City only
2) Your query I short list that Terrance is not mentioned in Agreement of Sale which you have registered with Sub registrar and you have paid money for it ?
3) Basic thing is that we need to check Building Plan Sanctioned /if your construction over then Occupying certificate with Plan.
4) Most probably you won't have whole building plan and Occupying certificate if construction over. In that case
5) Make application under RTI taking details from your agreement and get entire certified copy from Thane Municipal Corporation.
6) While typing I remember TMC have even put building plan online so need to check that building plan and see what is the situation of that open terrace in Plan
7) After this only I can comment. Balcony can be included in Agreement , but this open terrace may be whole building terrace shown in plan and Legally in future that whole terrace will be property of society of all members but since only you can access it through your flat you can prevent others to go to that terrace , but if future construction etc. takes place and there is insisting that portion should be used for construction (Open terrace) then it will lead to dispute and your chances of survival or objection for keeping terrace as it is will be weak
P. Venu
(Expert) 17 April 2016
What do you mean by "2bhk flat wt huge terrace"?
Rajendra K Goyal
(Expert) 17 April 2016
It is possible that the space be common space for use of all or the builder may have kept it for future sale.
Get the position be cleared.
Devajyoti Barman
(Expert) 17 April 2016
Do include the terrace in your sake agreement and then sale deed. In absence of its conclusion the same would be treated as common area and you will have no exclusive right over the same even after making payment for the same.
Guest
(Expert) 17 April 2016
There is problem in Maharashtra Various law have now prohibited transfer of common area to individual , Car parking is famous.
Similarly this terrace which you say require proper study of building plan.
I know some builders are selling terrace at 50% rate of flat , and they say you can eventually expand it illegally by making shade , the put grills etc.
But at same time see today in Thane city Gokhale Rd , Near Malhar talkies , shops who had done such illegal extension their front area demolished by TMC , for decades they where tension free , Now new administration have become strict.
You never know when you will be targeted
Guest
(Expert) 17 April 2016
Some builders have sold car parking in agreement even if it is illegal by law, even High Court have taken stand common area can not be sold . Still people do transaction and then fight orally in society meeting . This agreement is contradictory to law and hence not legally enforceable in judiciary. For sake of public debate in society meeting it can be useful not in judiciary in Maharashtra
Dr J C Vashista
(Expert) 17 April 2016
Show the sale deed document to a local lawyer to get terrace included.
