Who owns the terrace rights, is it the person who occupies a floor just under the terrace or people who live in all floors equally?

If it is mentioned in the flat registry that the legal rights of terrace will be of builder and no interreference of any flat owners shall be allowed, before UP Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 ( U P Act No 16 of 2010 ) came into the picture. Now after the arrival of that act of UP Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 ( U P Act No 16 of 2010 ) i wish to know whether the legal rights of open terrace will remain with the builder or it will be automatically transferred the flat owners association. Please respond to the above.

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Advocate By LEAD INDIA Answered: 07 Nov 2023

If the builder has constructed the apartment complex before the U.P. Apartment Act, 2010, came into force, the terrace may still be considered a common area. For further enquiry Contact us on helpline number.

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