You and other residents can after obtaining sanction of Muncipal corporation demolish the building and construct flats after plans are sanctioned by muncipal corporation
Undivided share of land to block of 4 apartments
We 4 persons PURCHASED one flat each (720 sft) from the then AP Housing Board in 1990 (G plus 1) The STRUCTURE of BLOCK is on about 1600 sft The Registered SALE DEED contains UNDIVIDED SHARE of LAND as 112 plus sq yds to each flat owner in SCHEDULE of PROPERTY and PLAN. Since the building has become old approached an Architect. Noticed in running mater that the housing Board retained the right over APURTANANT LAND (set off) and says ONLY the LAND on which structure erected belongs to buyers Please advice us what to do I am 75 plus and the 3 other allottees are also SENIOR CITIZENS THANKS/Regards Vijayasaradhi
Asked 3 years ago in Civil Law
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9 Answers
You need to check first corporation layout plan passed by the Municipal Corporation at the time of builder has applied for it.
Plus Total Land area on mutation papers of history from original landlord owners to Builders and to Apartments.
Dispute pertains to APURTANANT land. The remedy is in the sale deed. The rights of the buyers are determined by the terms of agreement. Here seller and disputant are housing board. Confront the seller with the terms of sale deed.
Sale deed recital to be challenged before the court raising it's validity explaining the reasons for delay in such challenge.
Hi SIR My earlier question is unanswered Even advice received are not apt My issue is UNDIVIDED SHARE OF LAND From sale deed marked @ schedule of property and plan @ 112.5 square yards per flat how much land SHOULD be shown by seller in 4 FLATS of BLOCK
Asked 3 years ago
Undivided share of land would be as per registered sale deed
for each flat owner it would be 112 square yards as mentioned in schedule to sale deed
- As per rule, when you buy a flat, then you are technically buying two things i.e. the first thing is the constructed part of the building where being owner, you will actually reside, while the second is a proportionate share of the land on which the property is built, and this share of land allotted to the you/flat owner is known as an undivided land share or UDS.
- Further, the value of any property is the increased, due to increase in the land rate and not the constructed area, and hence it is the UDS that determines the future monetary value of the property.
- Further, if the apartment in which you are going to purchase is demolished for reconstruction , then the flat owner will depend on the percentage of the undivided land share in the property.
- Hence, the sum of the UDS for each flat owner must be proportionate to the area of the land in which the apartment has been constructed.
- The UDS already mentioned in all the registered documents and also with the society as well.
- Hence, each owner will get 112.5 sq. yard .
You may have to initiate legal action as per the recitals found in your registered sale deed.
If you confirm that your registered sale deed contains that you are entitled to 112 Sq. yards then you can go ahead with the planned re-development of your old building as per the contents of the sale deed.
Let the housing board raise an objection to this, after which you can approach civil court with a suit for declaration to declare that the land appurtenant to the building belongs to all the four owners of the complex by a decree and judgment.
The UDS allotted to each flat owner has been mentioned in their respective registered sale deed.
Therefore the seller can sell the flat along with his share of UDS in the apartment complex
Dear Sir/Ma'am,
Firstly, you need to confirm from the Municipality Corporation that what plan was sanctioned by them at the time of the construction to understand your share in a clearer manner.
It is also added to your knowledge that the undivided share of land would be as per registered sale deed. In the present case, it would be 112 square yards as mentioned in schedule to sale deed for each flat owner.
The lands appurtenant to is that land which is necessary for enjoyment of the building. If your agreement states that the land appurtenant shall be considered as a part of all the residents enjoyment, it must be divided among all
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