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priya (s/w)     02 December 2013

Terrace in sale deed

Hi Experts,

 

We have recently purchased an apartment in Bangalore and going to get it registered this month.

I see in the final sale deed from the builder that the terrace area is not specified.

During the initial talks we were told that the apartment was including the terrace and we can build  in the terrace in future.

Please let me know if not including terrace in sale deed will be a problem for us in furture if we are planning to build a room there in future?

 

Also let me know what clause should i include in the sale deed to make it legal.

 

Kindly advice.



Learning

 2 Replies

BAALASUBRAMANNYAMM (Advocate)     02 December 2013

Terrace rights would not be giving to any buyer of the flat of  apartment. The terrace should be used by all the inmates of the apartment.

priya (s/w)     02 December 2013

Thanks for the reply baala,

But here the terrace is divided and even in sale deed there is a clause that the buyer can own the terrace if thy pay extra charge for it.

Only factor here is they did not mention that in the sale deed that we will be the owner of the terrace even after the extra amount.

Here is the exact clause in deed:

7)   Only the Ground Floor Apartment Holders shall have the exclusive use of allotted  Garden Space if acquired by them by paying additional consideration to the Developer and the Uppermost Floor Apartment Holders shall have the exclusive of the allotted Terrace Areas if acquired by them by paying additional Consideration to Developer.


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