Hello sir , the 1890 sqft is the actual carpet area or usable area of your flat and remaining 810 sqft is is super carpet area which covers the common area shared of the society( area covered in lifts , lobby , gallery , park etc..).. Kindly share the builder buyer agreement for better understanding..Thanks

Sir, Kindly share the agreement for better understanding ..

Hi Hemanth,

UDS of land will always be in proportionate to superbuiltup area and not the carpet area ...in your case it is 2700 sft. is the superbuiltup area and 1890 sft. is carpet area of your flat..

Hope you got the logic.

Thanks and Regards

Pavan Kumar Sancheti

Advocate

Your proportionate share in the land lying beneath the property is in relation to 2700 sq ft and with regard to any area open to sky.

Such area us determined by the measurement once purchase in a building.

You share in undivided land share is on 1890 square feet

810 square feet open risky in the terrace

Your share will be on the entire area i.e., on 2700 sq ft.

Since the open area is not the common area, therefore you will have absolute right on the entire area of land.

Regards

Don't settle on anything less than what you have already purchased.

If there is any typing error in describing the area as it appears then don't fail to execute and register a further Deed of Rectification.

You share in the undivided common area/land shall be proportionate to the area of your apartment, in relation to the aggregate area of your building/group housing project.

builder should execute deed of rectification to correct the mistake in area of your flat

You can legally claim the remaining UDS or if the sale deed is yet to be executed..then you can mention the correct UDS of land by rectifying the mistake of Agreement .

Dear Sir,

Please contact local advocate and resolve your issue. Without looking into the documents it is not proper on my part to advise you any thing.

1. Proportionate share of undivided land is calculated by diving the land area by the total constructed area multiplied by the individual area purchased.

2. So, in the instant case, you shall be entitled to share of land for 2700 sq.ft total area of your flat proposed to be purchased by you.

1.You shall purchase the said area, be it open to sky of covered.

2. It will added to your total area purchased while calculating the undivided share of the land.

1. Ask for executing a Rectification of Agreement by correcting the said error.

2. Register the same if the original agreement was registered.

3.Make sure no such mistake is made in the sale deed to be registered in your favour.

what are the clauses in your agreement entered into with builder for cancellation of agreement ?

2) if you cancel the booking then builder would forfeit advance payment made if there is clause in your agreement to that effect

3) most builders are facing financial constraints difficult to get a refund

4) you have to file complaint against builder before consumer forum seek refund of money paid with interest

1. You get the undivided share of the land of your flat based on the area you purchased and the builder can not reduce it. You can take him to Consumer Forum on this ground or cancel the agreement on this specific ground and if he refuses to return the booking amount, then also you can approach the Consumer Forum seeking justice.

2. Do not agree for registering the sale deed with the said mistake. However, even if you get the said sale deed registered, you can approach the Consumer Forum for uirther registering the Rectification Deed but it will be prudent on your part to avoid registering the erroneous sale deed.

3. You can certainly cancel the sale agreement on the said issue as advised above.

In my opinion, you should approach the owner of the flat in your vicinity and check their sale deed. If the UDS is based on super built up area in those sale deed, your point is valid, you can cancel the sale agreement. In case you cannot arrange to meet the owner of adjacent flat, get the record of sub registrar regarding this property be inspected from the local lawyer and you will get the idea.

I am purchasing flat area of 2700 sq ft , (1890 build up area & 810 open to sky)

my question

1) my share in Undivided land share is on 2700 sq ft or on 1890

UDS or Undivided Share of Land is a part of the plot given to the owner of the flat in an apartment complex on which the entire structure is built. This share of land has no defined boundaries and each and every flat built on that particular plot will have associated UDS.

UDS is the ratio of the size of a single apartment to the total built-up area of all the apartments while mathematically, it is calculated through the following formula:

Individual apartment's super built up area

---------------------------------------------------------- X Total land area = UDS

Sum of all apartment's super built up area

Now you may calculate your share in UDS.

1890 is build up area + 810 is open to sky included as part of the flat (not the common area)

open to sky area is included in sales , it is not the terrace

a brief explanation:

If 4 flats of 900 sq ft each built on a land parcel of 2400 sq ft. The UDS will be calculated as per the formula cited in my previous post.

The super built up area is:

the area of the common spaces should be calculated and added proportionately to each flat. However, most builders take 1.25 as the multiplying factor to calculate super built up area, multiplying the carpet area by 1.25.

Thus your super built up area is the carpet area multiplied by 1.25 which will conclude your super built up area.

Q1) mistakenly in agreement of sale it is mentioned as 34 sq yd , actually it should have been 70 sq yd (based on 2700 sqft),

will i have to agree for 34 sq yd or legally i can clam 70 sq yd , what legal option i have , legally what is my postion

Please ascertain that it was by oversight or the builder had intentionally done this mistake, however you can ask for rectification of the same as per the original offer.

Dear Sir,

The cumulative answer for all your four questions is that you have every right to cancel agreement. If you have any issues which let unresolved by the builder and claim refund of amount paid by you.

Ask the builder for getting the area rectified

If the builder refuses for the same then file a complaint against the builder in the police station and also in the consumer forum.

Yes you may cancel the sale agreement on this ground.

Regards

1. Under the India Laws (MOFA, RERA, MMC, MRTP), "ONLY" FSI-consumed area can be Sold /Purchased, via a Stamp Duty paid Registered Agreement.

2. ANY & ALL area, to the exception of FSI-consumed area CANNOT be Sold /Purchased, and shall remain illegal perpetually, irrespective of any justifications /reasonings or possession of any NON-FSi area.

Keep Smiling .... Hemant Agarwal