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right of use of terrace by association
pkthomas at 7:39 p.m. on 13 Aug. 12
Sir, I am a resident owner of a flat in a ground plus 6 floor building. The building was completed in the yrar 1995, and the builder was handling matters of the building till 2006,March. In December, 2006, the builder has made a settlement document ,favouring her husband,by way of transfering the common areas of the building,such as lift machine rooms, terrace, water tank of the building and three rooms, which are unathorisedly constructed under the pillars of water tank. The fact of registration was revealed to the Association, only in May 2011, only. Till that period , Association was under the impression that all common areas were under their control. The purpose of the builder for this fraudulent and cladestine transfer to her husband, of  these common areas of society, are to defeat the  Assocition and to have right of sale of the terrace ,penthouse underneath watertankand the bill board rights over the watertank, which are on the terrace of  sixt floor of the building. A SUIT was filed in the Subcourt, for recoverinf the terrace of the building and setting aside the fraudulent transfer of commom areas of the building.Respondents claim that as per the registration documents of flats, terrace rights are not given to individul flatowners and therefore terrace legally belongs to him.Also he claims limitation in way of delay in filing the suit. Please advise me in regards to pleading to be made by us to defend the case  by the Association. Pk.thomas 
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