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Can Flat Terrace be sold to Penthouse owner by Flat Builder ?
26-Jan-2023 (In Civil Law)
We are living in 5 floor flat. Recently penthouse owner (penthouse is in 6th floor) blocked the staircase and not allowing other flat owners saying that he purchased terrace from builder. I have following questions 1. Can terrace be sold to penthouse owner ? When penthouse itself is illegal. 2. What legal remedy is available to other flat owners ? 3. Can we lodge a criminal case against penthouse owner ?
As per this query 1) the builder has permission from concerned authority to build that one, if there is no permission, then it is illegal. 2) then what's the pent house owner sale deed, if the content of deed what the builder sold out the surface to the owner con...
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Adv. Konakanchi Srinivasa Rao
Vijayawada | 25+ Answers
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if the builder retains such right to take the terrace at the time of execution of sale or construction agreement or else you can approach appropriate consumer forum for justice and get appropriate compensation
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Adv. Innamuri Balasubramanyam
Rajahmundry | 500+ Answers
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HI
Terrace is part of common facilities and hence cannot be sold.
If the pent house is not part of building plan, then the pent house is illegal.
You should file a petition against the builder and the pent house with Municipal authorities and get the pent house demolished as illegal construction
Also that you should file a petition in the civil court for injunction against the pent house owner and the builder and claim ownership of the terrace rights.
Terrace is part of common facilities and hence cannot be sold.
If the pent house is not part of building plan, then the pent house is illegal.
You should file a petition against the builder and the pent house with Municipal authorities and get the pent house demolished as illegal construction
Also that you should file a petition in the civil court for injunction against the pent house owner and the builder and claim ownership of the terrace rights.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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