Terrace rights
Siddharth Sharma
(Querist) 13 June 2012
This query is : Resolved
Sir,
I am a resident in an apartment constructed by a builder in 1986 situated in South Delhi. There are 3 floors - Ground 1st & 2nd with each floor having 2 flats and 1 basement. The builder sold the flats and kept the basement. As per the law in 1986 the roof was open and we were all allotted a servant quarter on the roof with a common toilet for use of all 6 flat owners. Now with changes in the building by laws the builder has claimed ownership of the third floor (terrace) and we have come to know that he has sold the terrace to someone and the supposed new owners are saying they will build a 3rd floor.
My question is that as per the laws that were there in 1986, the terrace was be a common area in 1986 so now even with changes how can anyone claim ownership let alone sell it to anyone. All us 6 flat owners are united on this and are against any construction as we feel that even structurally this building is almost 30 years old and cannot support another floor.
In my title deed of 1986 (I own 1 flat on the first floor) I have been given access and equal ownership of the common area which would include an equal share of the terrace (3rd floor) besides my servant quarter.
I wanted to know what right do I have to prevent any construction on the third floor.
Kind Regards,
Siddharth
Adv.R.P.Chugh
(Expert) 13 June 2012
Dear Mr.Siddharth,
I opine :-
1. Since the contract with you as well as Bye laws at time of transaction provided for 3rd floor being area of common use, the builder cannot subsequently(even though there is a change of law) alter the contracy without your consent.
2. You can get a stay from the court, restraining the builder/subsequent purchaser from going ahead with constructions which constitute breach of contract.
Feel free to talk !
Shashikant V. Patil
(Expert) 13 June 2012
If the builder has kept only basement with him , then builder has no right to sell the terrace. Builder is not a owner of the terrace. If he has done so, take out a certified copy of the said transaction and file a suit for cancellation of illegal sale deed of said terrace in the Civil Court. Also file a suit for injunction to restrain the builder and his agent to construct any constrution on the terrace.
Siddharth Sharma
(Querist) 13 June 2012
Thank you for your replies Mr Chugh & Mr Patil.
Mr Patil this is for you. How can I take out a certified copy of the said transaction - from where do I do that?
We shall do what you recommend and file the suit for injunction (i gather its the same thing as a 'Stay' that Mr. Chugh recommended) and prevent any illegal construction work.
Shonee Kapoor
(Expert) 14 June 2012
The said query has been answered at diffirent place in detail.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
