What rights do flat owners have over common areas under Apartment Ownership Acts?

Question

My builder is claiming ownership of the terrace and clubhouse in our apartment complex as his own property. What do apartment ownership laws say about common areas? I would rather settle this without going to court if the law allows it, but I need to know my rights before I sign anything. Please tell me what to do first and what document to keep.

MyVakeel Legal Desk · Accepted Answer

Under Indian law, Maharashtra Apartment Ownership Act 1970, Section 3 is the starting point for this property law question. What follows is the position in substance, together with the steps that usually make the difference in practice.

Section 3 of the Maharashtra Apartment Ownership Act 1970, and equivalent provisions in other states' apartment ownership laws, define common areas and facilities to include the land, foundations, stairways, terraces, corridors, lobbies and installations meant for common use, which vest in all apartment owners as tenants-in-common in proportion to their respective apartment's percentage interest.

Section 4 provides that each apartment owner's percentage share in the common areas is fixed at the time the property is submitted to the apartment ownership declaration and cannot be altered without the consent of the concerned apartment owners.

A builder cannot retain ownership of amenities like a terrace, garden or clubhouse that are shown as common areas in the sanctioned building plan and the declaration filed under the apartment ownership law, and any such claim by a builder is legally unsustainable once the declaration is filed.

Section 17 of the Real Estate (Regulation and Development) Act 2016 requires the promoter to transfer, at the time of conveyance, the undivided proportionate title in the common areas along with the physical possession of the flat and other rights as declared in the RERA registration documents.

Flat owners or their society can seek a declaration from a civil court, or a complaint before the Real Estate Regulatory Authority, if the builder wrongfully withholds title to or restricts access to legitimate common areas.

Practical steps: 1) Check the sanctioned building plan and RERA filing to identify what areas are declared common; 2) Review the apartment ownership declaration, if filed, for the common area description; 3) Send a legal notice to the builder if common areas are being wrongfully claimed as private; 4) File a complaint with the Real Estate Regulatory Authority or a civil suit if the builder does not comply.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — remedies under Maharashtra Apartment Ownership Act 1970, Section 3 carry limitation periods, and unexplained delay weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in property law.