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Terrace Flat Issue - Procedure for getting it on my Agreement
18-Oct-2023 (In Property Law)
Hi, I am planning to buy a Terrace flat in Mumbai but there is an issue, the first owner has an approved and an allotted terrace. The second owner who has bought the flat has not registered the terrace on his agreement. If I buy the flat I will be the third owner. Wanted to know if can I get the terrace on my agreement when I buy it.
Hi,
Firstly check the approved plan and then think of buying a terrace area. Best avoided to buy a terrace area.
I suggest once search is conducted of the property the next steps can be taken. While the title is with the First owner, the documentation of the past needs to be checked, without which its not possible to assume a situation in future. Terrace area is also a common area as per the general approvals given, not that a flat cannot be approved on that floor on construction permissions being achieved and valid. Moreover,
you need to apply to the Developer for an NOC, prior to execution.
Firstly check the approved plan and then think of buying a terrace area. Best avoided to buy a terrace area.
I suggest once search is conducted of the property the next steps can be taken. While the title is with the First owner, the documentation of the past needs to be checked, without which its not possible to assume a situation in future. Terrace area is also a common area as per the general approvals given, not that a flat cannot be approved on that floor on construction permissions being achieved and valid. Moreover,
you need to apply to the Developer for an NOC, prior to execution.
Helpful?
Adv. Sarthak Shah
Mumbai | 100+ Answers
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