Top terrace issue in documents

First of all, go through the approved plan to check whether the terrace was meant shown as common area of all the flat owners or whether the builder has any rights over the same.

Anyhow, when builder has not conveyed rights over terrace, either 1st seller or 2nd seller or anybody will not get any rights over it.  So, you can't get any rights over the terrace in spite of paying consideration to your buyer.

Whether builder can challenge it in future depends on his rights as per the approved plan.

Many thanks for the confirmation sridhar.

I have checked the documents and builder has got the rights on that terrace (even after society is formed).

So what can be done so that the terrace can be on my name henceforth ? Should the 2nd owner make a seperate sale deed for terrace and then inturn club it in my sale deed ?

When the 1st owner himself was not conveyed any rights over terrace by the builder, he cannot convey the same to the 2nd owner.  So, 2nd owner has no right to convey terrace rights.  

the terrace rights have not been given by the builder to the first owner. this settles the matter at rest. no subsequent owner can do so irrespective of payments and clauses in teh sale deeds

Hi, sorry for bothering you guys again. I have further confirmed that builder had alloted top terrace to 1st owner on a 100Rs stamp paper.

Is this the right way ? n will it be carried forward to me in my name after my sale deed ?