Dear Client,
No effect on proportionate ownership on land even if this is not included in the sale deed. You can complain to RERA. And it is general law, when you purchaser the flat, ownership in land by itself transfers in purchaser.
For multi storied apartment complex- conveyance deed clause re proportionate undivided share of land
For purchase of a unit in a multi storied apartment complex, I understand that conveyance deed normally has a clause that the undivided share of land attributable to the unit is also being conveyed to the buyers. Now, if the promoter-builder omits this clause in the draft deed of conveyance and refuses to incorporate it, what legal recourse do I have? Which legal forum can I approach for a remedy? Thanks
Asked 7 years ago in Property Law
Religion: Hindu
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12 Answers
File complaint against builder before consumer forum and seek orders to direct builder to convey undivided share in land
I presume no cooperative society has been formed of flat owners and condominium has been registered of flat owners
1. By necessary implications the land beneath the immovable and impartible flat the owner owns becomes share holder of the same as well.
2. So there is no need to do anything though there is no harm if you make a deed of rectification or deed of declaration.
3. In spite of absence of such clause you still are considered to be proportionate and impartible share holder of the land lying beneath your flat.
Issue a legal notice and file complaint against builder at district consumer forum.
Undivided share in land is conveyed to buyer alongwith the unit only when a condominium is to be formed
In majority of the cases the land is conveyed to the society of flat purchasers which then becomes sole owner of the land
If however you have a prior agreement to sell in which it was agreed that buyer would also be entitled to undivided share in land, which is not being done now, then you have to file a consumer complaint against builder for unfair trade practice
I think Rera is not implemented in your state and a separate act has been passed for builder - flat buyer disputes
You can file a Consumer complaint and take direction of court to include the said clause
I understand that various consumer forums at district, state and national levels take up cases based on the value of a transaction.If this is correct, which forum should I approach in this case (refusal to incorporate clause regarding ownership of proportionate undivided share of land in the conveyance deed), The value of the flat is Rs.1.33 Crores
Asked 7 years ago
National commission as amount is more than 1 crore.
what is the value of undivided share of land
based on its valuation you should file case in consumer forum having jurisdiction
upto Rs. 20 lakhs District Consumer Forum
Rs. 20 lakhs to Rs. 1 crore State Consumer Forum
More than Rs. 1 crore National Consumer Forum
No consumer case made out but have to file civil suit for rectification of sale deed which is also not required.
You may issue a legal notice to the builder to incorporate the same in the deed of conveyance and rectify the deed of conveyance, failing which you may approach court with a suit seeking direction to the builder to comply with the statutory requirement while issuing the conveyance deed.
For this the value of the property will not be taken into consideration.
You may approach civil court seeking direction.