Sale deed mentions that roof has ownership to owner(builder) not flat owner
1 week ago
Sale deed mentions that roof has ownership to owner(builder) not flat owner, is it legal? Can flat owners still have the right to access it?
A.Dear Client,
In the given scenario, if the housing project is a registered project of RERA, then serving a legal notice to the Builder, file a complaint before RERA to resolve the issue amicably, failing which you can file a civil suit against the Builder before the competent Civil Court for a declaration under Sec.34 of the Specific Relief Act, 1963 seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice. Reach out to an Advocate for guidance and steps
In the given scenario, if the housing project is a registered project of RERA, then serving a legal notice to the Builder, file a complaint before RERA to resolve the issue amicably, failing which you can file a civil suit against the Builder before the competent Civil Court for a declaration under Sec.34 of the Specific Relief Act, 1963 seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice. Reach out to an Advocate for guidance and steps
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A.Dear sir,
All flat owners have right to access the roof but the title and ownership always reserved by the builder. It is in practice.
All flat owners have right to access the roof but the title and ownership always reserved by the builder. It is in practice.
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A.Dear Client,
as per RERA guidelines Roofs, staircases, elevators, lobbies, fire exits and common entrances of the buildings are broadly categorised as ‘Common Areas and Facilities’ under Section 2(n) of the Real Estate Regulation and Development Act (RERA), 2016. Hence, all the property owners have an equal right to use them. Hence the sale deed would be voidable. please contact an advocate
as per RERA guidelines Roofs, staircases, elevators, lobbies, fire exits and common entrances of the buildings are broadly categorised as ‘Common Areas and Facilities’ under Section 2(n) of the Real Estate Regulation and Development Act (RERA), 2016. Hence, all the property owners have an equal right to use them. Hence the sale deed would be voidable. please contact an advocate
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