Penthouse Terrace Sold by Builder
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 already bought a penthouse from a builder in 2010 and same year the sale deed was registered with layout of my flat with internal staircase annexed to the sale deed.
I had PAID to the builder x amount for the private terrace and area of terrace is added to the total area of flat…but NOT mentioned separately.
Registered sale deed only mentions "developer grants the purchaser license to use of terrace above the flat”.
BUT I have the PMC sanctioned/approved penthouse layout which shows the staircase and my privately demarcated terrace area secured by wall & a 7 feet door.
The housing society was formed in 2016. Can society now take objection to builder having sold the terrace to me? They are now asking me to break the staircase & close the opening and hand over the terrace back to society. What is my legal recourse?
You have to explain everything regarding this as the information is still unclear, I cannot advice without further information.
But I must advise you to hire a lawyer and tell him all the details, he may help you in full confidence.
Thankyou
Anonymous
Replied 2 years ago
Respected Sir, I have tried to be as brief as possible. I bought a penthouse flat from a builder in 2010 and registered the sale deed also. The local municipality has approved the building plan with an internal staircase from inside my house to the terrace above. The approved plan also has a 7 feet wall and a gate. However in the sale deed, the builder has cleverly mentioned this has a license to use and NOT as a penthouse. Society is now taking objection to that. Without going into historical aspects of why builder sold etc....what is my legal recourse to convert this private demarcated enclosed terrace area into ownership?
A.Dear Sir,
Nobody can sell pent house and if you are in good books of the society people then you can enjoy.
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.
Anonymous
Replied 2 years ago
Respected Sir,
I have tried to be as brief as possible.
I bought a penthouse flat from a builder in 2010 and registered the sale deed also. The local municipality has approved the building plan with an internal staircase from inside my house to the terrace above. The approved plan also has a 7 feet wall and a gate. However in the sale deed, the builder has cleverly mentioned this has a license to use and NOT as a penthouse. Society is now taking objection to that. Without going into historical aspects of why builder sold etc....what is my legal recourse to convert this private demarcated enclosed terrace area into ownership?
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