chunky (owner) 08 June 2010
I own a Ground floor in delhi in a builder built two floor 300 sqyard plot .
There is no mention of Terrace in my registery. The first floor owner has the right to the terrace.
Now he wants to construct an additional floor on it ? does the right to use terrace makes somebody the owner ? aren't the two terms different in law books ?
Or does the "NO mention of terrace" in my registery makes my right on terrace NIL ?
Suchitra. S (Advocate) 08 June 2010
Sir, I would suggest you to see in your sale deed regarding common areas of the apartment. If terrace is included in "common area" , then you should have equal rights with other owners.
chunky (owner) 08 June 2010
as i have already said above.. there is no mention of terrace in my registery
m.kupparaju (Advocate) 11 June 2010
If the Vendor/Builder while executing Sale Deed to the First Floor Owner, in the Sale Deed if he had mentioned that the First Floor owner has right to use the terrace and entitled to put further construction on the terrace, and also there is should be mention of terrace rights along with the undivided interest in the Schedule of the Property, provided that the Purchaser has remited sufficient stamp duty for the purchase of Terrace rights, he has every right to construt additional floor on the terrace and nobody can dispute his rights.
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