• Undivided share value

Should a builder mention the undivided share value of a given apartment in sale agreement or it should be only mentioned in sale deed?
Asked 10 days ago in Property Law from Bengaluru, Karnataka
Religion: Hindu

In both.

Yogendra Singh Rajawat
Advocate, Jaipur
18502 Answers
22 Consultations

4.6 on 5.0

It is sufficient if it is mentioned in sale deed 

 

 

Ajay Sethi
Advocate, Mumbai
74527 Answers
4458 Consultations

5.0 on 5.0

Even if it is not mentioned, buyer gets proportionate share in land.

But this should mention in ats and sd, otherwise builder later may construct more flats and consequently share in land will reduce.

 

Yogendra Singh Rajawat
Advocate, Jaipur
18502 Answers
22 Consultations

4.6 on 5.0

1. Undivided share with respect to the given flat has to be mentioned in the sale agreement as well as in the sale deed.

2. Without knowing the quantum of undivided share, how can buyer of the flat proceed to conclude the sale.

3.  After some years, when the whole apartment complex is demolished, the owner of flat will be entitled only to the undivided share in the entire plot.

Shashidhar S. Sastry
Advocate, Bangalore
2631 Answers
161 Consultations

5.0 on 5.0

Builder should mention that owner shall have proportional undivided share to all common areas. 

Absolute value is not required to be mentioned. 

Kallol Majumdar
Advocate, Kolkata
2527 Answers
4 Consultations

5.0 on 5.0

If the builder refuses to mention the UDS value in the Sale Agreement, then this sale agreement will only be for constructed walls, which will depreciate over the years and only UDS land value will only appreciate. You can obtain information from the builder as to why he is refusing to mention the UDS value.

Shashidhar S. Sastry
Advocate, Bangalore
2631 Answers
161 Consultations

5.0 on 5.0

Sale deed supersedes agreement for sake 

 

your interest are protected if mentioned in sale deed 

Ajay Sethi
Advocate, Mumbai
74527 Answers
4458 Consultations

5.0 on 5.0

Common areas are fir benefit of all flat owners 

 

you cannot seek partition of common areas or the land 

Ajay Sethi
Advocate, Mumbai
74527 Answers
4458 Consultations

5.0 on 5.0

Such clause is invalid. Any agreement which prohibits legal right is void. 

Yogendra Singh Rajawat
Advocate, Jaipur
18502 Answers
22 Consultations

4.6 on 5.0

This comes under normal terms.

Shashidhar S. Sastry
Advocate, Bangalore
2631 Answers
161 Consultations

5.0 on 5.0

Email is admissible in evidence 

 

it is sufficient to protect your interests 

Ajay Sethi
Advocate, Mumbai
74527 Answers
4458 Consultations

5.0 on 5.0

1. The value of the undivided share of the common area of a flat is not mentioned anywhere, be it sale agreement or sale deed.

 

2. The area of the land on which the building consisting the said flat has been constructed is mentioned in details.

 

3. The sanctioned plan showing the undivided common area is also annexed with the sale deed making part of the deed.

 

4. The undivided common area is not mentioned since the said area is not for sale but for common use of all the flat owner of the building.

Krishna Kishore Ganguly
Advocate, Kolkata
24041 Answers
659 Consultations

5.0 on 5.0

1.The builder should mention the area of the flat only and its value 

 

2. The value of the UDS of the common area is not mentioned since it is not required as the said area exclusively will not be sold.

 

Krishna Kishore Ganguly
Advocate, Kolkata
24041 Answers
659 Consultations

5.0 on 5.0

1. It is perfectly alright.

 

2. In case the entire building gets demolished by earthquake, then only you might require to claim your proportionate share of the land based on the area of your flat.

 

3. The fact that you have the right on the proportionate share of land on which the building has been constructed shall surely be mentioned in the sale agreement or sale deed.

Krishna Kishore Ganguly
Advocate, Kolkata
24041 Answers
659 Consultations

5.0 on 5.0

1. The modified construction plan has not yet been sanctioned.

 

2. The builder can not enter into sale agreement without having the plan (which has been modified certainly because the builder has deviated from earlier plan and has constructed extra square feet of building) sanctioned since the sanctioned plan will be part of the agreement or sale deed.

 

3. Ask the builder to get the modified plan sanctioned at the earliest from where you shall come to know your UDS of the common area. 

 

4. You need not ascertain the value/price of the UDS of the common area shown in the modified plan since you are not going to sell the said UDS.

Krishna Kishore Ganguly
Advocate, Kolkata
24041 Answers
659 Consultations

5.0 on 5.0

As a matter of abundant caution, it should be mentioned both in ATS as well as sale deed,

Ashish Davessar
Advocate, Jaipur
28664 Answers
835 Consultations

5.0 on 5.0

As I said, builder is intended to construct more flats. Without plan approval, construction cannot start. 

Plan is already approved with no. Of flats to be constructed but builder will violate sanctioned plan and will construct more flats. 

So he is not mentioning actual approved plan in ATs.

Plan dose not modified above sanctioned units.

Yogendra Singh Rajawat
Advocate, Jaipur
18502 Answers
22 Consultations

4.6 on 5.0

1. It will be unwise to go ahead with transaction if builder refuses to mention it in ATS.

2. Builder should have no qualms in mentioning it in ATS.

Ashish Davessar
Advocate, Jaipur
28664 Answers
835 Consultations

5.0 on 5.0

1. Common areas cannot be divided.

2. Email can also be led in evidence.

Ashish Davessar
Advocate, Jaipur
28664 Answers
835 Consultations

5.0 on 5.0

No flat without the undivided proportionate share in land can be sold. 

It appears due to oversight the same has been missing in the sale agreement

To avoid future complications its recommended that you make a supplementary sale agreement to cover this anomaly. 

During the registration of sale deed do take care of having this clause. 

Devajyoti Barman
Advocate, Kolkata
19581 Answers
278 Consultations

5.0 on 5.0

Builder here might be planning to construct more units after approval. 

UDS should be mentioned in all documents 

Rahul Jatain
Advocate, Rohtak
2411 Answers
4 Consultations

4.9 on 5.0

Yes it's mentioned in sale deed. 

Prashant Nayak
Advocate, Mumbai
18628 Answers
34 Consultations

4.6 on 5.0

The UDS can be mentioned in the sale deed also, however if you insist about the same in the sale agreement also, then the builder has to oblige.

 

T Kalaiselvan
Advocate, Vellore
64506 Answers
835 Consultations

5.0 on 5.0

You should insist on the actual UDS for this flat to be mentioned in the sale agreement to avoid any fraud in this regard at the time of registering the sale deed.

If he is not agreeing then you can cancel the booking and ask for refund of your booking amount with interest because it is not your fault that you are cancelling the booking.

There are chances that the builder may make more number of UDS  in excess to the number of flats to be built in the apartment complex, hence the insistence of the UDS in the agreement to sale may be emphasized.

 

 

T Kalaiselvan
Advocate, Vellore
64506 Answers
835 Consultations

5.0 on 5.0

Just have a look at that agreement which is like a specimen or the format, on some of the page, you will see “Details of Undivided Share of Land” and it will be mentioned in percentage terms like “0.45%” or exact area in sqft terms. Just read the whole thing carefully.

Then when the actual agreement has to take place, you can then read the agreement in detail and make sure you look after this point in your agreement copy. A small tip here is that when builder calls you for registration, tell him you would like to come before 1 hour from the scheduled time and have a detailed look at the agreement, if possible also get a lawyer with you and have him look at the agreement.

T Kalaiselvan
Advocate, Vellore
64506 Answers
835 Consultations

5.0 on 5.0

Without the plan approval it is not advisable to buy the property itself.

The builder's reply is evasive.

The builder cannot wash away the responsibility nor he can give such a irresponsible reply.

If the number of units have not been determined then on what basis is he entering into a sale agreement ?

You can inform the builder that you will cancel the booking if he is not making a mention of actual UDS to be allotted to your flat.

 

T Kalaiselvan
Advocate, Vellore
64506 Answers
835 Consultations

5.0 on 5.0

- As per rule , when a person buy an apartment then technically he buys two things,

1. First is the constructed part of the building where that purchaser after becoming owner will actually reside, and

2. The Second is a proportionate share of the land on which the property is built,and this share of land allotted to the flat buyer is known as an undivided land share or UDS.

- Further , the value of the said flat/property is depend on the UDS, and constructed area i.e Land rate will increase and not the value of the constructed flats rate. 

- Further , if a flat owner has no undivided land share, then he may not be able to sell the property or to get a good amount at the time of selling of that flat in future. 

- Further , the sum of all the undivided shares for each flat owner must be proportionate to the area of the land in which the apartment has been constructed.

- Further In case of co-operative housing societies, the UDS must legally be in the name of the society since the flat owners are the shareholders of the society.

- Hence , the details of the undivided share of land., must be mentioned in the sale agreement, and further the same details should be mention in the Sale deed ,at the time of registering the same .

- Further , as per rule, common area is not a part of undivided share , and legally it cannot be included as part of the floor area . 

- Since, the builder has given a reason for the same and dully emailed you , then in the event of failure to comply the same , you can claim from the builder. 

- However, to mention in the sale agreement is mandatory , like the sale deed. 

Mohammed Shahzad
Advocate, Delhi
2540 Answers
35 Consultations

5.0 on 5.0

uds details have to be mentioned in agreement  and sale deed.

Mohammed Mujeeb
Advocate, Hyderabad
15553 Answers
7 Consultations

4.5 on 5.0

Dear Sir,

The said response from builder via email is sufficient and you may proceed further keeping the email safe. 

Ganesh Singh
Advocate, NEW DELHI
4431 Answers
9 Consultations

4.5 on 5.0

 It doesn't matter that he is providing undivided share value of land in agreement or not if he is giving this detail in sales deed. 

Mohit Kapoor
Advocate, Rohtak
7952 Answers
2 Consultations

5.0 on 5.0

Sale teams is wrong and threatening you with fake news. Send legal notice for refund with interest and reason of withdrawal. If not refunded, can file FIR, RERA, and consumer complaint.

Yogendra Singh Rajawat
Advocate, Jaipur
18502 Answers
22 Consultations

4.6 on 5.0

Majority of builders are facing financial issues 

 

if you cancel booking you  May get refund only after lengthy court battle 

 

Ajay Sethi
Advocate, Mumbai
74527 Answers
4458 Consultations

5.0 on 5.0

The sales representative or the builder are not law nor they can do whatever they feel like to dominate the clients. 

You don't be scared by their threats. 

You may proceed with the legal notice as suggested and then drag them to consumer forum for relief and remedy later on. 

 

T Kalaiselvan
Advocate, Vellore
64506 Answers
835 Consultations

5.0 on 5.0

issue a legal notice through an advocate and file complaint before Consumer court . 

Mohammed Mujeeb
Advocate, Hyderabad
15553 Answers
7 Consultations

4.5 on 5.0

1. You should have sought legal advice before parting with money to the builder. Builders lay a trap for buyers, and gullible buyers walk right into it.

2. The builder lobby in India has made an edifice of unjust enrichment due to unenlightened buyers.

3. Now serve a lawyer's notice to him to refund the amount, and if he still does not refund then you will have to file a suit for recovery of money in the civil court in order to get back the money.

Ashish Davessar
Advocate, Jaipur
28664 Answers
835 Consultations

5.0 on 5.0

You don't need to believe a salesman about winning or losing a legal battle. 

Send them legal notice

They will do the needful.

If they doesn't do, than go to consumer court. 

Rahul Jatain
Advocate, Rohtak
2411 Answers
4 Consultations

4.9 on 5.0

Dear Sir,

Believer or not, most of the builders have their agents/employees to mislead, misguide and dupe the innocent people. However, as per the law of torts, the employer is responsible for acts of its employees and hence apart from cancellation of bookings and asking refund with interests and compensation for misleading and thus causing mental agony also file the criminal complaints against the company and its employees after naming them.  

Ganesh Singh
Advocate, NEW DELHI
4431 Answers
9 Consultations

4.5 on 5.0

You will get your refund under rera rules if the booking is not cancelled only due to your fault. 

Prashant Nayak
Advocate, Mumbai
18628 Answers
34 Consultations

4.6 on 5.0

1. Your booking agreement is required to be seen for advising properly.

 

2. Not informing you that then sanctioned plan has been modified without your consent can be a ground for cancelling the booking.

 

3. You can lodge a police complaint against the builder alleging fraudulent acts against him.

 

4. Thereafter you can file a complaint case before the RERA Tribunal if the project is RERA compliant.

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
24041 Answers
659 Consultations

5.0 on 5.0

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