You can carry on construction on terrace only after obtaining approval of other flat owners
2) security guard expenses should be borne by builder and on formation of society maintenance should be borne by all flat owners equally
Land % share in collabaration
In case we sell one floor to builder for collaboration And have following floors basement, ground floor 1st floor 3rd floor with terrace rights What will be the Land rights %age What will be the maintaince split Also can builder ask us to keep security guard as part of agreement Also if we build another floor on terrace will the land rights not change ( with another floor shouldn't the land rights change than what were they when addnl floor on terrace was not there)
Asked 4 years ago in Property Law
Religion: Hindu
10 Answers
Not answered the specific land share query
Asked 4 years ago
You are owner of ground floor , first floor and third floor
2) you would have 75 per cent share in land and builder as owner of one floor 25 per cent rights
3) if cooperative housing society Is formed society would be owner of land
Builder will have 1/3rd share in land.
If 4th floor constructed and no objection from builder, his land share will reduce to 1/4th.
About security guard, this parties will decide mutually. No law regarding this.
It will all depend on the agreement you execute with the builder. Everything can be shared as per the agreed terms and there is no hard and fast rule
1. The builder will get share in land according and proportionately with floor area which he is will get.
2. It will be around 25% share from undivided land.
3. If you build another floor then share will be divided only from 3rd floor that is 25% of 3rd floor owner will be divided in two parts.
The land share and tge floors can only be divided as per your negotiations with the builder. The land rights percentage can also be determined by you and the builder as per your interests. For this you should draw an agreement with what you want and negotiate with him. Come to a middle ground.
Security guards are your preference. Anyone cannot compel you to keep one. Land percentage can be calculated based upon the total land area and the additional floor issues should be put in the agreement.
is it mentioned in sale deed? Whereas roof rights meant to use the roof only, not to build up any floors, for build up a new floor you need permission or sanction. Without knowing the documents of that building, it's not possible to suggest you anything.
The UDS shall be shared by all floor owners equally except for the terrace, the second floor owner, i.e., the builder shall have rights over all common areas as well.
Any new construction over the terrace after the present UDS is concluded, may not have any rights in the existing UDS until and unless there is a mention about the sharing of UDS with the new floor over the terrace at a later date.
You may go through my previous post once again and revert with more queries.