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Praveen Singhai (Advocate)     18 April 2011

Sale of Terrace

Please suggest me in Delhi by which By laws. Act, the right has provided to sale The Terrace in a building( In my case in a builder Flat)  to any owner of the building or Specialy to the Top floor owner. As i research in DDA By Laws, MCD no where i found any written material. And in many judgements there is no specific oder has been passed in favour of sale of Terrace.

In fact Mumbai High Court gave a judgement that IN Society COmmom area cannot be sale that includs Terrace. But No direct Judgement I fiund iN case of Delhi.

And the Practice of selling Roof Rights in Delhi Is very common.Without have any clear guideling or Act in support of this.

What i understand that This POLICY was made by DDA in earlier years to buyers to sell their top floors as people are generally not give preference to Top floor, but by passage of time this practice made Law by verbal communication in society.

Please help me out i am in urgent neeed .... 



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 3 Replies

Bharatkumar (ADVOCATE )     18 April 2011

If pent house and plan pass with terrace in this type case builder sale the pent house with terrace. But i think in your case builder not sale the terrace but give a right to use. Builder can not sale the common place of building. U give a notice to builder for that then file a suit.     

Praveen Singhai (Advocate)     19 April 2011

 

Thanks bharat,  i am having same understanding with you, this is not Pent house type structure this is simple Terrace, but  if  you have any citation or law or judgement please share with me.

And more in the defination of Common Place , Common Area has this Terrace is included?? Because i research but could not get. One Notification has been issued by Gurgaon STP citing that Terrace cannot be sale by Builder.

 

Bharatkumar (ADVOCATE )     19 April 2011

U see the plan pass of building in plan mention whose area is common OR u inquire at plan pass office for that otherwise contect any building engineer for that.


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