Common Terrace in Apartments

We have purchased a Flat at 6th Floor in a 13 Floor building namely Iscon Riverside, Shahibaug, Ahmedabad. The Builder did not inform that he has sold open terrace to the 4 Flat owners of 13th floor. As the Builder has sold open terrace to 13th floor owners and also given possession to them, now common terrace is not available for use by other occupants (1st to 12th floor owners) of the building.

Is it legally permissible for a builder to sale open terrace to top floor flat owners and deprive the owners of other floor flats to have use op open terrace ?

Do we have any remedy ? more  

View all 22 comments Below 22 comments
Pl. observe the terms and conditions of the contract as well as approved plan. It will make it clear by it self. more  
One thing is good now that the Public has woken up to know every DIRTY Acts of the BUSINESS class. Therefore better read thoroughly, approach lawyers seek their advice showing AGREEMENT copy rather suffer later. Any silly doubts don't feel shy approach the honest, experienced lawyer to be free from worries. In the same way, One MUST tell others the frauds of the business class. Or can we make a booklet what a consumer has to do before Purchasing a flat, or any consumer goods etc. Never go one line Purchasing a FASHION nowadays. more  
Yes, it's permissible. more  
Builder can't sell any thing that is not a Flat. Terrace is common area. As I said before you need to get the plan from the Municipality as most of the time the 4 flats on terrace may be illegal. more  
If the builder has offered the top roof as one of the common facility then he has no right to sell it. Otherwise he could sell it. more  
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