Terrace flat issue regarding redevelopment

Querist : Anonymous (Querist) 29 November 2018 This query is : Resolved
is there any rule or norms for a terrace flat allotment of 50% or 1/3 rd or 100% of terrace area to be alloted as carpet area additional to flat while redevelopment of hsg by BMC or any legal body or it depends on the committee & builder to agree

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KISHAN DUTT KALASKAR (Expert) 30 November 2018
Dear Sir,
Usually there is no sharing ratio on “Terrace Flat”. But all the residents of the building will have joint limited rights over the terrace for use for specific purpose as per the terms agreed between the parties.

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Kishor Mehta (Expert) 30 November 2018
If the terrace is exclusively walled and in the sole possession of the flat owner and if there is no access to the terrace for the members of the Society, in such event 50% of the area of the terrace is eligible to be claimed by the flat owners in the redeveloped building.

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Querist : Anonymous (Querist) 30 November 2018
The terrace is exclusively in sole possesion of the me & I had done registration & paid stamp duty at the time of resale & Noc from the society also .there is common terrace seperately on fifth floor. But i want to know there is any norms or notifications regarding for it by BMC or DP as I had observed that even builders had given 100 % of carpet area additional with flat at the time of redevelopment.IS there any rules or the builder has made it or depends.

SHIRISH PAWAR, 7738990900 (Expert) 01 December 2018
It all depends on builder, however as per rule 50% can be considered as carpet area of terrace.

Kumar Doab (Expert) 01 December 2018
Pls don’t post as AQ and post with your ID and you can get many responses.
Your ID does not mean your email id or phone number etc and don’t post these.
Before attaching any document erase all names, logo, email id, phone number, address etc to maintain confidentiality.
Obtain proper legal opinion in writing from LOCAL counsel specializing in concerned field of law.

Kumar Doab (Expert) 01 December 2018
You can benefit from the post of Mr. Kishore Mehta.
Your own LOCAL counsel can guide and help further.

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