Terrace rights of builder floor

Kapil (Querist) 03 October 2012 This query is : Resolved
Dear Sir/ Madam,

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ajay sethi (Expert) 03 October 2012
terrace is part of the common area . other flat owners have right on the terace . you cnanot sell the terrace .

you cnannot carry on any construction on the terrace

Raj Kumar Makkad (Expert) 04 October 2012
There is no permission to raise any construction thereon and moreover you have got no right to change the nature of the terrace.

Kapil (Querist) 04 October 2012
Then what does the terrace rights mean?
The owner of the ground floor owns the backyrad area and the front garden of the building and this is what is he paid extra for, where as the first floor price is again low then compared to the top floor (second floor ) just because of the terrace usage.
I understand that I cannot construct on the terrace but what about the disadvantages of being on the top floor, like seapage problem and the cleanliness of the terrace? No other flat owner bothers for it...whereas it is mentioned on the registry that the Exclusive usage of the terrace is with the flat owner of second floor.

Also, would like to mention that the owner of the ground floor have placed an extra water tank on the terrace without the interest of the other flat owners. what in that case?

Thanks

Guest (Expert) 04 October 2012
Where is the original query. The querist should not have tried to edit or remove the original query when the experts have already replied with reference to the original query?

ajay sethi (Expert) 04 October 2012
before purchasing any property always consult a lawyer . it is better to spend some money on legal fees rather than repent later on .
please note builder has no powers to sell you the terrace . it forms part of common area for benefit of all residents .

JANAK RAJ VATSA (Expert) 05 October 2012
the terrace has all the fittings, water tanks, pipes etc which are of common usage. therefore granting exclusive right to any one is not correct.

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