Legal Question in Construction Law in India

Builder asking to buy open terrace that is on top of my flat.

Hi,

I am staying in a building in Pune where the society is not formed yet. The builder is suggesting that I should buy the terrace over my flat and get it registered. After the society is formed, I can use it for purpose like gardening, etc. and also cover it up and use it. My question is, is it legal for the builder to sell me the terrace? also if I get the deal registered by paying necessary stampduty and registration amount, would it be a problem after the society is formed? Also, would I have to pay maintenance of the terrace to the society? and if I decide to sell the flat, would I be able to sell the terrace also or would I have to hand it over to the Society?

I have read a few posts regarding enclosing the "open to sky" area, looks like i cannot do it.

Please let me know.

Thank you,

Abhishek


Asked on 5/09/11, 12:09 am

2 Answers from Attorneys
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

yes u can buy it.once it yours u can use it or sell it nay way you want.maintenance have to be paid or not that u have to chek with society rules

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Answered on 5/09/11, 3:49 am
Sanjay Kalra Sanjay Kalra & Associates

No i dont agree with the opinion mentioned herein above for the simple reason that it is a society not a private house or bunglow. Terrace is common to all the members buying flat in the society. I would suggest you not to buy terrace as you would be wasting your money.

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Answered on 5/09/11, 8:39 am


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