• UDS change after sales deed due to new flat comstruction.

We have 37 flats and 18 shops in our building and all possession is provided and the sale deed is complete with individual in 2013. Now few months back our builder came and told us that he has got permission to built up 6 new flats as he got approval due to revised FSI (1.6 to 1.8). He has not applied for completion certificate from municipal corporation till date. 
- we internally have checked that sum total of distributed UDS land among all is little more than the total land available as of now. Is the builder is eligible to construct new flats and sell them on same land? In any such sale will the new flat buyer will get any share of land while our share will get change?
- In Sale deed of all flat owners builder has mentioned to keep rights of terries for any purpose including construction. He is now pushing us based on that agreement also. Is this still be right to allow him for new flat construction?
- Our society association is not registered till date. What will be way of communication with builder or municipal corporation?
Right now we are in a state to make decision to allow or oppose. Any valuable legal advice with relevant clause will be highly appreciated.
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1) what are the clause s in your sale deed?

2) did the brochure forwarded by builder mention that only 37 flats and 18 shops would be constructed

3) builder needs consent of flat owners to carry on additional construction

4) if you grant consent builder can carry on additional construction

5) you can file suit and seek stay of additional construction if no permission has been granted by flat owners for carrying on additional construction

6) file RTI with muncipal corporation as to on what basis permission has been granted to carry on construction without flat owners consent

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

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The builder provides you the conditions i the sale agreement containing the both constructions and UDS details.

Before you go on to other issues ensure that youare getting the right UDS because that may affect the value of yor property.

You must also verify the builder's right in UDS as per the joint venture he entered with the original owner with regard to the UDS of the flats.

You can have a first hand opinion from a local lawyer by producing the relevant documents in your possession and apprehend the circumstances by which he will be able to guide you further on this issue.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

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1) refuse to agree for additional construction

2) in RTI application seek information as to on what basis permission for additional construction was given

3) not necessary to have regd association prior to talks with municipal corporation

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

What should we ask to municipal corporation in this case. Is there any time bound rule regarding to ask for scheme completion certificate by builder ti MC?

The approved plan for extending construction of many more flats in the existing structure and an engineer's opinion to that may be secured to file an injunction suit, if necessary.

If we allow flat construction to builder, will it change our UDS? Or is it like builder have additional construction right which he can use for common amenities construction having all flat owners consents.

Construction of additional flats will certainly make an impact in your UDS;

Construction of common amenities, if it was in the original plan can be undertaken with the permission of the society.

The registered association shall be a competent body or authority to question all such irregularities and injustices meted out to the existing flat owners especially if their rights and privileges are deprived.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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