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vishwa (a)     03 August 2011

Private terrace

Dear Experts,

 

Request you to clarify the following queries (form stand point of law):

 

1. Is private terrace concept acceptable in law in appartments. (As per layman's understanding - constructed area + facilities/amenities (proportionate share) + open area (other than specifically alloted car parks) (proportionate share) + terrace, corridor,passage,drive way,pathway (proportionate area) belong to the OWNER and is included in Undivided Share) If this understanding is right , then how is private terrace being alloted.

 

2. If the builder mentions that private terrace area in the agreement for construction to the party and doesn't state in the Sale deed. How tenable& legally valid it is for the party to claim rights/title to the private terrace?

 

Is the agreement suffice for enjoying right/possession , in the absence of mention in Sale deed. What other precautions to be observed to have a clean title of private terrace& is the concept legally valid under laws in force as on date.

 

Kindly guide 



Learning

 1 Replies

vishwa (a)     03 August 2011

Dear Experts,

 

Request you to clarify the following queries (form stand point of law):

 

1. Is private terrace concept acceptable in law in appartments. (As per layman's understanding - constructed area + facilities/amenities (proportionate share) + open area (other than specifically alloted car parks) (proportionate share) + terrace, corridor,passage,drive way,pathway (proportionate area) belong to the OWNER and is included in Undivided Share) If this understanding is right , then how is private terrace being alloted.

 

2. If the builder mentions that private terrace area in the agreement for construction to the party and doesn't state in the Sale deed. How tenable& legally valid it is for the party to claim rights/title to the private terrace?

 

Is the agreement suffice for enjoying right/possession , in the absence of mention in Sale deed. What other precautions to be observed to have a clean title of private terrace& is the concept legally valid under laws in force as on date.

 

Kindly guide 



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