Terrace rights in builder flats constructed in 1986
Siddharth Sharma
(Querist) 21 September 2012
This query is : Resolved
Sir,
I am a resident of South Delhi staying in a Builder construct flat. The apartment building has 1 Basement and 2 flats on each of the 3 floors (Ground, 1st & 2nd Floor) i.e. 6 flats in total.
In our sale deed of 1986 it did not specify the terrace rights element and my parents did not bother as in 1986 you could not sell or construct anything on the 3rd floor which was a terrace thus considered a common area. Our sale deed though mentions that we have access to the common areas and have a proportionate share on the land as well but nothing specifically about terrace rights.
Now it has come to our notice that the builder in 2008 has sold the terrace rights to someone who has now come forward threatening to construct on the 3rd floor. Now all 6 residents are united on this. We wanted to know
1. Our rights on the terrace which to our knowledge was a common area till the change in law which allowed for a 3rd floor to be constructed. But what gives the builder the right to the terrace even with the change in law? Can he sell something which no one could own in 1986?
2. What can we do to prevent any construction provided we have a valid right?
3. We have maintained the roof continuously since the construction of the building i.e. 1986 so does that count for anything?
4. We are going to take a legal recourse as the supposed buyer of the roof rights is not backing down so wanted to get an idea of our legal options.
I will appreciate your detailed replies. Thanks.
Kind Regards,
Siddharth Sharma
ajay sethi
(Expert) 21 September 2012
builder cnanot sell terrrace . it form part of commmon area . you can move court against the builder and the purchaser and seek necessary reliefs contact a local lawyer .
