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Can owner put restriction clause in the agreement regarding terrace


13-Jan-2023 (In Property Law)
Hi,I have purchased a flat in an apartment.The builder and the land lord registered agreement says that the terrace rights are with the original land lord. But my question is when land is equally shared by all the flat owners how can he get exclusive rights on terrace?There are only 8 flats and total land is 560 and all got equal share of 70 yards..Please guide me about my rights as a flat owner. 
Answers (1)

Answer #1
739 votes
Section 2 (d) of the apartmebts act terrace comes under the common area. Legaly no one can bind you for getting ur terrace right by an agreement. Even if there is such cluase in an agreement it doesnot have any legal value and the same can be challenged.
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