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Anonymous   14 September 2024

Selling a pent house in an apartment

Dear Sir/Madam, 

I hope this message finds you well. I am seeking legal advice concerning the sale of my penthouse, which includes a terrace. Although the registration of the penthouse has been completed, the terrace is not explicitly mentioned in the registration papers. The terrace was given to us based on a mutual understanding and goodwill between the builder, ourselves, and the other residents. We have invested significantly in renovating the terrace, as it was understood to be part of our property.

Now that we are considering selling the penthouse, I am concerned about potential issues that might arise:

  1. Sale Proposition: Will there be any complications in including the terrace in the sale proposition since it is not explicitly mentioned in the registration papers?

  2. Objections from Other Residents: Can the other residents in the building object to the inclusion of the terrace in the sale, and if so, what grounds might they have for doing so?

  3. Legal Resolution: If there is a possibility of disputes or objections, is there a legal way to formalize the inclusion of the terrace in the sale? Can we create additional documentation to clarify and solidify our ownership of the terrace?

Your guidance on how to proceed with this matter to ensure a smooth sale would be greatly appreciated. Please let me know if there are any steps we can take or if additional paperwork can be drafted to resolve this issue.

Thank you for your assistance.

Best Regards.



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     14 September 2024

The terrace is a common area and it belongs to all the members of the society or the complex.

The builder knew this legal fact hence he refrained from making a document in this regard i.e., for having sold you the terrace rights too.

If at all the builder is executing a rectification deed to rectify the error of not including the terrace in the sale deed and is now willing to do so, you can get it done otherwise you cannot sell the terrace rights without any documentary evidences to prove your title or ownership to it

P. Venu (Advocate)     16 September 2024

Yes, in the given facts, you do not have exclusive rights and  interests in the terrace. And other residents also have joint or common rights. As such, any deed executd by the builder alone will be inchoate.


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