• Undivided share of land

There is a second floor apartment in Chennai without uds. Is it legal to buy such an apartment. The uds got shared between ground and first floor flats.
Asked 4 years ago in Property Law
Religion: Hindu

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14 Answers

second floor flat owner should also have share in UDS

2) dont purchase the flat without consulting local lawyer

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Is itna society apartment or some individual.comstruction??

You can buy the sending floor apartment wherein the only issue is won't have any right over the land though they cannot restrict your entry and essential use of it

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The share in the UDS ought to have been mentioned in the sale deed.

Each apartment/apartment owner must have a proportionate interest in the UDS proportionate to the area of of the flat.

Get the documents perused by a local lawyer before buying this.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. How come the said flat can be sold with out undivided share of land? It is illegal.

2. All the flat owners shall have undivided share of the land on which the building consisting of their flats have been constructed.

3. It will not be prudent on your part to buy the flat without the undivided share of the land on which it has been conbstructed.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

UDS ?

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Get document scrutinised by local lawyer before purchasing property. Each apartment owner must have proportionate interest in UDS with respect to area of flat. The UDS needs to be mentioned in sale deed.

It is not advisable to buy flat without UDS. Without seeing documents no advocate can answer your query since you cannot understand legal propositions.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Kinldy , elaborate meaning of "uds"

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

I would not advise you to purchase the said UDS as the same does not have the sanction of the authority concerned.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

All the flat owners in a building block have got undivided proportionate share of land lying beneath.

So whether anything mentioned in the agreement ir not this is implied with purchase of with every flat in a building.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hi.,

Yes you can take the property if you are happy with the share, as easement rights automatically granted to have access to the property.

Thanks & Regards,

Ramakant Singh

Ramakant Singh
Advocate, Delhi
34 Answers
4 Consultations

4.0 on 5.0

Documents has to be examined before responding to the query.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

No, all flat-owners have a right to their proportionate UDS of the underlying land over which flats are built. Location of the flat is immaterial.

Swaminathan Neelakantan
Advocate, Coimbatore
1920 Answers
20 Consultations

4.9 on 5.0

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.

When you buy an apartment, it usually includes two components - cost of land and cost of the structure. This land component is the undivided share of land in any apartment complex. During redevelopment or in case of government acquisition, if a building is brought down, then the buyer will get compensation on the basis of UDS i.e. the share of land which a buyer has on his name.

An Undivided share is a share of land allotted to the flat buyer while purchasing a property and it is registered in the name of the owner. When a home buyer purchases an apartment, he/she is entitled to 2 things: the constructed building and the proportionate share of land, where the whole building is constructed.

Therefore there is no question of no uds to your flat.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

I don't think it's proper. You need to check other document also. If one of the shareholder objects it can create problems. If you get NOC from all and all are parties to sake deed then it's ok.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

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