If you both are legal heirs in the said property and no other heirs are present then you both will have equal divided share in the said building
Proportionate share in land
Sir I have a 500 SQ yard building very old. I am the absolute owner of the ground floor. Ground floor is 4000 square feet out of which 2100 square feet is constructed land and 900 square feet is front lawn whose absolute owner is myself. Rest is driveway and common area 1000 square feet. In the first floor my brother is residing who is having 1000 square feet constructed area and an open terrace 1100 square feet. He is the absolute owner of the second floor. He also has " proportionate share under the entire building" As written in his sale deed. Please calculate his exact undivided share of the land.
Asked 6 years ago in Property Law
Religion: Hindu
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7 Answers
Sir My share is with a gift deed and his is by way of sale deed. Also there is a third floor ( barsati floor) 2100square feet ( 1400 built up, rest open terrace), owned by me Sorry I did not disclose earlier as I thought I would get the clarity from the first question
Asked 6 years ago
Are the floors gifted to you by way of gift deed also mentioned in the Sale deed?
In this case you can execute registered partition deed between your self and equally divide the same.
In any case if the building is being demolished that both of you will be entitled to equal share of property i. e. 250 sq. Yard each
If both are joint owners than have 1/2 proportionate share each. Rest depends on language of gift and sale deed.
The calculation of undivided share can be done by your engineer.
The UDS can be calculated by multiplying the total land area with the size of the individual apartment (3,500*1,000) in this case and dividing the result by the sum of areas of all apartments which is 1,000*5= 5,000.
For instance, if 4 equally sized apartments of 1000 sq ft were built on one ground of land which measures 2400 sq ft, the UDS will be calculated as below: UDS = Super built-up area of individual flat / Sum of all flats' built-up area X Total land area UDS = 1000 X 2400 / 4000 UDS of individual flat = 800 sq ft.
For exact calculation of UDS you may take the help of an engineer in the local.
The UDS shall be for the individual flats and will be based on the calculation made for individual flats or portion of constructed structures in the situation like yours.
You may take the assistance of a local engineer or an architect on this for further issues.