Terrace in co-op housing society cannot be sold or purchased
Terrace in co-op housing society cannot be sold or purchased
By AT Bureau
It has been reported that in some co-op housing societies, terraces have purportedly been sold by the developers, also in some societies, top floor flat owners have claimed ownership of terraces, with the connivance of office bearers. Whatever the case may be, the position is absolutely clear that no open spaces including terrace can be sold as it is termed as common area.
The terrace is also shown as open space and is not included in FSI calculations and member/s of the society cannot even cover the terrace. Further the builder has no right to sell the terrace to a member and deprive the other member of the open space rights as shown in Mumbai Municipal Corporations record. As per the law open spaces including terrace are ment for the benefit of all the members who are entitled to the benefit under the plan and no single individual can appropriate any part of the same. As per the Maharashtra Ownership Flats Act 1963, section 4(1A) a (iii), (viii), (x) and section 10(1), the builder have absolutely no right or authority to sell terrace. In fact none of the provisions, individually or collectively, authorise the builder or any other entity including the society, to sell a terrace of the building.
The noted authority on co-op housing societies, Advocate Vinod Sampat says that no person can own the terrace of the society building as it is not permitted by law and hence is completely illegal. When the BMC passes the building construction plans the terrace is not calculated in FSI calculations as it is for all the members of the society . The law and BMC regulations are quite clear in this matter that the terrace of the society building can not be sold, and is absolutely ment for the benefit of all the members of the society.
In a landmark judgement given on this matter, Mr Justice D G Deshpande of Mumbai High Court, on writ petition No. 4577 of 1985, decided on 5-7-1999 in the matter of Smt. Ramagauri Keshavlal Virani V/s Om Walkeshwar Triveni Co-op housing society Ltd & others. The learned judge passed the judgement saying, for all these reasons, I have no alternative but to hold that judgements of the Trial Court as well as Appellate Court do not require any interference. Lastly, it was argued by Mr. Naik that since two bedrooms have the opening on the terrace, security of the flat of the petitioner should be maintained. Mr. Deodhar appearing for the respondent No. 1 has given an assurance that nothing will be done by the society to endanger the security of the flat of the petitioner. This will, however, not prevent the society in exercising its right over the terrace. Hence, petition dismissed. Rule discharged. Stay vacated. No order as to costs. Prayer for stay of operation of this order is rejected.
I would like to know , a secretory of society him self sale his flat at top of bldg having adjurning terrace is legal? and what to do if new comer claim same as his property
how would u define the case of a seperate terrace, other than the common terrace which has exclusive entry only from the flat. the builder in the agreement has written that he can give exclusive rights to that flat owner, and all other members on signing the agreement are accepting that they cannot question the exclusive usage of that terrace/open space by the flat owner.
Builder is asking for 50% of open space area (meant for fire rescue)which is attached to a flat and staircase. Whether it is legal?
There are many High Court judgments to prove this. Bombay High Court have mentioned it many cases. Please refer to Car Parking articles on this portal for further details.
i stay on 4th floor… there is a very small terrace on my two bedroom, which is not accessible to Any one (neither me nor the person on 5th floor). this terrace is not a part of the main common terrace which is on the 7th floor. now this terrace has started a problem of small leakage, also due to the exposure to harsh sunlight. terrace becomes very hot, and makes almost impossible to use any of the bedrooms. now my points are..
1. i m afraid that the problem of leakage will become serious after some time, and as it is not a part of common terrace, society members will refuse to pay the contribution and i will be only one who will have to shell out this money, as i will be only one who is going to get affected due to this leakage.
so, can i take the access on the terrace from my ceiling slab for the maintainance? there is 2′6
‘ cantilevered slab which can be broken to make a way for terrace without damaging the main slab. i dont even want to buy the terrace and show it in my agreement, as i clearly know that the open spaces r out of fsi and cannot be sold. i just want to make an access for the maintenance of it, to save the further problems and to avoid begging to society for repairs in future. please give me advise under what reason it will appropriate to open up the way on terrace. thank you. ( please note that i m not seeking the ownership of terrace, only access for maintenance, as right now there is no way to access it for anyone).
I stay in co-operative housing society having 15 flats and 12 shops. Flats are divided in 3 wings . having three top terraces not adjusant to any of the flat. Our one of the member in middle wing (goverment officcer) claims that he has purchased the flat with terrace onhis roof. He has occupied the same showing hand written sentence in agreement that terrace of middle wing is exclusivly for flat no 9 . My Question is Can Builder sale this iopen to sky terrace to Any m,ember? In our case if we have three terrace then can builder sale the terrace when there are more terrace in society. Is this transaction legal. If this is not legal then what will be solution?
3 years back we have got our building re – constructed by a builder. My flat is on first floor of Ground+7 storied building. At Ground Floor there are shops as per building plan sanctioned by BMC.. Apart from those shops, there is a single shop at the end of the building adjacent to my Flat on 1st floor. For this shop a revised plan ( in connivance with the builder) was submitted by our Society to the BMC and it was approved. In the said plan the shop roof shown was slanting position BMC approved this plan. However the shop was constructed with flat (contrary to the approved plan) terrace having 4 feet wall at 3 sides and our building’s outer wall at one side. My bathroom window opens exactly on this terrace. The society’s committee attempted to use this terrace by fixing a iron staircase (ladder) from breaking one of the three compound walls. But after my reluctance saying my female family members’s will be deprived of using the bathroom and in such a case I will lodge a police complaint, the said ladder was removed. The said terrace is full of dried leaves of adjacent trees, the waste thrown by the resident staying on upper floors. I had requested Society’s committee and also to the shop owner for getting the said terrace cleaned. But no heed was given to my requests. Now I have no other alternate but to make permanent entrance to the said terrace from my Flat for cleaning purpose. CAN I DO SO? WHAT ARE THE FORMALITIES FOR MAKING SUCH AN ENTRANCE. Thanks.
I stay in aparment (g+10) having 70 flats and 80 shop,20 office approx.unauthorised construction on terrace by flat nos 803.as per law right or not
Sir,
I am 70 yrs. old leaving in my son’s flat ( Joint Owner) in RNA COURTYARD CHS Ltd., Mira Road, Thane-401107. I have the following queries for your kind advice. (1)At the time of Agreement the Builder RNA (AA) collected one year advance society maint. charges and it was to be valid from the date of possession of the flat. But unfortunately, prior to expiry of one year an adhoc committee (Proposed) took over the charge of the soc. The committee then started collecting Rs. 2.00 per sq.ft maint. charges. The society then got reg. after 9 months. I have not paid maintenance until then the soc got reg. and one year period from date of possession expired. The soc. now leving maint. charges for the backlog period (paid as advance to Builder) with 21% interest. (2) Is unregistered society can collect maintence on sq. ft basis? Am I to pay the arrears ? (3) Is Sq. Ft. maint. charges is valid? (4) Further, the even when the Agreement shows less sq.ft of supper Built up area but soc. levying for open terrace area for maintenance and property Taxes? My son is not leaving here, hence I had to pay heavy maintenance charges out of my pension, causing financial hardship. I have made several complaint and sent registered A/D but so far not a single complaint acknowledged by those bullies in the committee. What could be the remeady for these kind of un lawfull activities.Can I get legal help at minimum cost avioding to & fro travelling between court and home.
Regards,
i stay in 2nd floor. the bathroom of the third floor is leaking badly and damaging the roof. when the occupant of third floor was asked to repair the same, he just refused saying that he is not having any problem then why should he expence money to arrest his bathroom leakage.
i want to know is there any rule regarding this.
hi i stay on ground floor in two floory building privately constructed by builder on our tenancy flats now after 8 years where he claim to be the owner of terrace wants to build one more floor on the two
kindly advice any legal remedy to stay away his claim as the society is not registered
will appreciate promt reply
thanks
Hi I own a flat on 1st floor which has a terrace of 150 sq ft. the builder has charged 40% for the terrace area whereas in sale agreement no where he has mentioned about the terrace. Now society is quetsioning on the same. Please advise.
hi all any update on my query
I have a 1bhk top floor terrace flat , due to leakage problem our building society members have decided to put a shed on the common terrace, which will cover my terrace also , but i dont want to put a shed on my personal terrace as i have a terrace garden , and i am ready to cooperate with alternate methods to stop the leakage problem if any from my terrace . can i be forced to put a allumunium shed on my personl terrace by the society . query from a plant lover.
We are a Registered Socity of three buildings. Each building has 7 floors and two terraces each. In two of the buildings the terrace rights have been sold by the builders to owners of flats on 7th.Floor The Society has no access to these terraces. Recently a minor fire took place in one of the buildings and there was a requirement of using the terraces. Since the duplicate keys were not deposited by the flat owners having right to terraces inspite of a resolution passed in the AGM, the Society had to break open the lock to get access to the terrace. This resulted in dispute between the owners of 7th.floor and the Society office bearers. Please advise as to what action the Society should take to get the possession of the terraces. The Society was registered in 2007 and the flats were sold to the owners of 7th.floor prior to that.
We are a Registered Sociey of three buildings. Each building has 7 floors and two terraces each. In two of the buildings the terrace rights have been sold by the builders to owners of flats on 7th.Floor The Society was registered in 2007 and the flats were sold to the owners of 7th.floor prior to that.
The Society has no access to these terraces. Recently a minor fire broke out in one of the buildings and there was a requirement of using the terraces. Since the duplicate keys were not deposited by the flat owners having right to terraces in spite of a resolution passed in the AGM, the Society had to break open the lock to get access to the terrace. This resulted in dispute between the owners of 7th.floor and the Society office bearers. Please advise as to what action the Society should take to get the possession of the terraces. The selling of rights of terraces is neither mentioned in the Agreement nor covered in the Property tax documents. The sale is supported by a letter written to the flat owners by the builder, in which the rights of ownership of the terrace is indicated. One of the flats was resold and a similar letter from the earlier owner has been written to the present owner.
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Dear Sir. I live in a CHS built by CIDCO , Ours is a Terrace Flat (2nd floor) .We have severe leakage from our terrace Every Year during the rains the ceiling in our bedrooms drip with water, there are huge cracks onn the terrace as well, we have made multiple requests to the society comittee to tackle this problem as we incurr alot of loss to our furniture and health.Sir this has been going on for several years, Now we have deceided to put up a roofing &, shed on the terrace as this will put an end to our leakage problems, but our comittee is not co-operating with us or sharing the cost. But Now all the owners on the top floors are desperate enough to pay for it ourselves. Sir Please Help us .What should we do? To ensure that NO Objection will be taken later after we bear the cost.
Sir, Just wanted to ask if the above judgement of not selling the terrace to anyone is applicable to properties in Kolkata too? I have recently booked a flat on the 14th floor & I have also purchased the terrace above the flat from the developer & I have got a loan from HDFC, hence everything is deemed to be legal. The construction of the property is still on. Do answer my above query on sam3829@gmail.com, as I am now tensed after reading the above judgement. Thanx
I have purchased a ten year old three bed room flat in hyderabad. Till now the other owners say that the land owner is creating problems for parking of cars, and says that he will amicably settle the issue – means that he wants to make money again. the owners including me say that the previous owners has paid the builder for parking and for the flat and he says that the builder has cheated him hence he has to be paid in settlement. Along with this problem the land owner has started constructing a penthouse before my purchasing, Some influential owners has approached the GHMC and got it demolished twice. The land owners still claims that the builder has given the rights in writing, got the pent house regularised. Now what is our position and guide us whom to approach.
i stay in a co op hsg soc & i hve asked for a terrace usage for 1 month for preparation of some function to the society members.they hve agreed to give me the terrace for usage but they say that i have to pay the rent to the society.so, i jus wanna ask wat the rent should be as i stay in kurla (w).