Terrace Sold by a Builder in Maharashtra
2 years ago
According to Section 4 (1A), (iii), (viii), (x) and Section 10(1) of Maharashtra Ownership Flats Act, 1963, the builder/developer has no right to sell the terrace.
HOWEVER, I have already bought a penthouse from a builder in 2010 and the same year the sale deed was registered annexured with the layout of my flat with staircase access to a private terrace.
The society got formed in 2016. Can society now take objection to the builder having sold the terrace to me?
The PMC has sanctioned/approved the penthouse layout and I have the sanctioned blueprint which shows the staircase and my privately demarcated terrace area secured by a wall and a 7 feet door.
The registered sale deed unfortunately only mentions " developer grants the purchaser license to use of terrace above the flat." But it has an anexxured drawing which shows the terrace and staircase.
I have also PAID to the builder x amount towards the cost of the terrace. As per his costing sheet, the total area of my flat included the area of the terrace.
What is my legal recourse?
Will I have to break the staircase and seal the opening and hand over the terrace back to society?
Pent House cannot be sold. Please approach Civil Court to get it regularize as you are bonafide purchaser.
I could have explained more if background is known to me. You are supposed to give more details to get detailed answer.
Please be inform that free questions deserves to be attended on priority basis so be brief but disclose summary of your case.
I think your builder has committed a blunder and you have overlooked that mistake. He has mentioned in the deed that you get the right to use the terrace and it does not say that he is selling it to you. You should have paid the money for the terrace. Since sell of terrace is illegal hence you can no go to the court asking for the ownership rights.
What you can do is ask the builder to refund the extra money taken from you.
Exim Global
Replied 2 years ago
Sir,
Unfortunately, the total area of the flat and terrace is clubbed together and the price is higher than the normal 3BHK. But the cost of the terrace is nowhere mentioned as a separate area.....hence it may be difficult to prove to the court that I paid extra for the terrace. For ex the area of flat is 1500 sft and terrace is 500 sft. The normal cost of a flat is 40L. Builder has charged 60L for 1500 sft flat and a license to use for 500 sft terrace
Abhimanyu Shandilya
Replied 2 years ago
Then I would suggest that you send a legal notice to the builder asking him the extra that was paid to him for the terrace which will no more be yours.
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