Legal Question in Real Estate Law in India

common terrace

i own a flat in coop society for the past 35 yrs. there are two bldgs, front and rear with 6 members each. our front building has top terrace but the rear building has no terrace as it is with sloping roof. our builder ,before the co op soc was formed constructed our front bldg with the open terrace and sold it to us i.e. myself and my neighbour on the 3 rd floor in '74. all the society consented to the arrangement and has endorsed it time and again though some members are not happy with us.

now we are thinking of rebuilding the society and in the new arrangement we want at least some part of our share of the terrace . again these certain members are against getting our even some share of it. we are thinking of some compensation from the builder and getting only remaining half of our existing area of the terrace though we are entited to a larger share as we are going to get bigger flat area by 20 p .c.

can we get our rightful share of the common terrace or part of it in the rebuilt scheme legally.?


Asked on 5/30/09, 2:19 pm

3 Answers from Attorneys
KAMAL GROVER

Re: common terrace

you will get only the share on your roof. Plz specify more

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Answered on 6/01/09, 3:36 am
Shrichand Nahar S.V.Nahar, Advocate

Re: common terrace

Entire terrace may be difficult. However, a part of terrace can be classified as limited common area and exclusive use, occupation and enjoyment thereof can be granted to specific flat holder/s.

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Answered on 5/31/09, 2:08 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: common terrace

You may consult a lawyer with your documents.

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Answered on 6/01/09, 10:09 am


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