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Is it legal to sell the terrace if comes under common area


16-Oct-2023 (In Property Law)
I am living in a stilt parking +4 storey builder flat in Uttam nagar area. Total 16 flats are there.One comman stair case and one comman lift is there .our water tanks and dish antinas and lift room with machines on the terrace.Now top floor owners (4 owners ) locked the terrace gate and they they are saying their roof right. Is it legal to sell roof right to perticular4 floors. Is terrace/roof comes under a common area?.( Iam Christian)
Answers (2)

Answer #1
502 votes
in your agreement is it mentioned that you have the roof rights or not? usually the roof rights are with the person on the top most floor. in case you have the rights of the roof then it cannot be sold to anyone without the consent of other owners.
Answer #2
510 votes
Common area cannot be sold.Please file an injunction suit if you are denied access to the roof common area. no sale is permitted as per law and sanction plan should be there before selling along with NOC

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