Sir,
Builder kept the terrace rights to himself. Then, later , laws were passed (supposedly) that more floors are allowed. Now on existing building in a housing society where residents have already started living for more than a year, can a builder start construction and start raising floors? Also, if he gets a purchase for his (yet to be constructed flats) only after a few years, then also does he have the rights to construct over a building that has been handed over to the residents long back, and the society has also been formed? Even if he has legal rights, is there a way that the existing society can prevent this because it will lead to a lot of nuisance for the existing residents? Moreover, in the new floors which come up, what will happen to the terrace rights , will the terrace(newly formed) be accessible to the existing society members, or that also can be usurped by the builder ?
Can some learned friend answer this question and let us know the relevant legal provisions that a society can invoke?How this nuisance can be stopped in a legal way, because it seems the builder is only interested in money, and not the inconvenience of the residents?
