Raam Kasam 31 March 2024

Pent house with terrace

I have a penthouse with terrace. When I purchased the flat in 2010 from them builder. The terrace has been marked in the agreement to be exclusively used by me and no other members of the society are allowed or can raise objection to it.

Recently after 14 years of possession of the flat and terrace i plan to sell me flat.

Can Society take objection and claim the terrace?

All the electric points of the said terrace are from my flat. Even all maintenance and repair for the same have been done by me.

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T. Kalaiselvan, Advocate (Advocate) 31 March 2024

If the terrace and the penthouse are attached to the flat and part of the schedule of property and if there is clear mention about this in your registered sale deed, you do not have to depend upon the society to give no objection particularly to this portion of the property.

The society cannot object to selling of the entire property mentioned in your sale deed, you can approach legal forum in case the society is creating any problem in this regard

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Dr. J C Vashista (Advocate ) 01 April 2024

Show the sale deed to a local prudent lawyer for better appreciation of facts, analyse and professional advise.

Raam Kasam 01 April 2024

Thank you Sir. Just one question. The terrace is adjoining to my flat and in the sales deed it is mentioned rights to use are exclusive to my flat with markings. But in the total square feet there is no mention of the terrace only square feet of flat area is mentioned. Would that posses any issue?

Pent house with terrace

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