First we need to check individual sale deed agreement that what builder has mentioned in it about terrace rights. If in all flats owners sale deed it's mentioned terrace as common usage then every one has individual share in it on that basis you all can stop the construction and take stay on it.

Terrace forms part of common areas for benefit of all residents 

2) builder cannot sell terrace rights 

3) consent of all flat owners is necessary for construction of additional floor 

4) file RTI application with municipal corporation and obtain copy of sanctioned plans 

5) request corporation not to grant permission for construction of additional floor without your consent 

You can file suit seek injunction restraining construction of additional floor 

It depends under which agreement the said flat is purchased. If it's a common area builder can't sell the same

Refer to your respective sale deed.  If roof rights are not sold to you then you don't have any rights over this except for essential services like to fix electrical, plumbing or related correction works. 

Now check whether the 3rd floor owner is sold with roof rings then he can make addition of floors and to stop him only option is if he is raising construction without valid building plan. 

1. You have to consult a local lawyer on this as local laws differ in every state and at times in different districts of the same state.

2. Only local lawyer can tell whether according to local laws a 4th floor can be constructed in the area or not.

3. If you want to stop the construction the remedy is to file a suit for permanent injunction.

Hi

It is grossly illegal to deviate from the approved building plan and construct the 4th floor.

Terrace rights is part of UDS and is property of all flat owners, It is illegal for the builder to sell the terrace rights to the third floor owner.

please issue notices to 

1) Third floor owner directing him to refrain from undertaking illegal construction

2) Builder directing him to revert the right of use and ownership of terrace to all other flat owners

3) Municipal authorities directing them not to grant permission for constructing 4th floor.

If any or all of the above, fail to act on your legal notice, please file a suit in the district court and obtain injunction orders against all the above. 

Hope this information is useful.

The terrace rights do not mean that he may build another floor. Refer to the agreement. Moreover plan approved is also relevant.

An injunction application must be filed against such a proposed construction.

sir 

the answer will depend on the registry and the sanctioned maps. if the conveyance deed and sanctioned maps allow the owner then you cannot stop him unless there is some grave issue and if there is no such permission from the authorities and no mention in the documents for such right then you can immediately file injunction suit in the district court or can inform the local municipal office.

A terrace or rooftop is a common area of in a residential society which is for the enjoyment and benefit of all its members. Although it has been seen that many developers resort to selling or giving exclusive terrace rights on payment, the practice is illegal. 

It is untenable in the eyes of law where one resident gets the right to use the rooftop to the disadvantage of others. If residents choose to wage a legal battle, this may land the developer and the erring resident in soup.

a terrace is not included in the Floor Space Index (FSI) of an apartment. Reason: it cannot be bought or sold.

Many state enactments also specifically provide for the use of terraces. For example, Maharashtra Ownership of Flats Act, 1963 “MOFA” in section 10(1) and Section 4(1A) (a) (iii), (viii), (x) makes the intention explicitly clear. It states that a developer has no authority or right to sell the terrace to any individual which is the common easement of all the residents.

The residents can complain against the developer by approaching the Consumer Forum and can complain against the society office-bearers with the Registrar of Societies. Additionally, residents may also file a civil suit in a court of law.

It would be better that you file an injunction suit and obtain a stay order against the proposed construction.

The residents can complain against the developer by approaching the Consumer Forum and can complain against the society office-bearers with the Registrar of Societies. Additionally, residents may also file a civil suit in a court of law.

It would be better that you file an injunction suit and obtain a stay order against the proposed construction.