Hello,

I purchased a flat in 2005 in one of the Co-operative Society in Mumbai. This flat has a terrace attached to it which has the entry within the flat only. This terrace is in exclusive possession of us and same was true for all the predecessors. The society had, in a Committee Meeting held in 1972, by virtue of some consideration, provided ‘Exclusive User Rights of the terrace attached to the flat’ to the then owner. And it is enjoyed by all the occupants of the flat till now. The society has confirmed the same by a letter while we bought the flat in 2005. The society is going for redevelopment as the building is more than 40 years old but the members of the society are not ready to give us any consideration against the terrace. They are asking us to give in writing that we will not claim anything against the terrace during the process of redevelopment which we denied.

I have transferred this flat with terrace to my brothers name in 2011 via gift deed by paying stamp duty and registration, but till date society has not done the transfer in their records. I want to know, where do I or my brother stands with respect to this terrace? Do I or my brother has any legal standings with respect to the rights on the terrace?

Regards,

KT