Hello Lawyers, Hope you can help with this matter. A customer registers for UDS and then fails to fulfill the building contract. Now we are unable to sell the apartment as we don't have the UDS. but the apartment is in our possession. look forward to some advice
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
A UDS cannot be registered separately on any individual name, it comes along with the structure.
As the name suggests, it is an undivided share, therefore what is the encumbrance that you are worried about?
You can post the question but elaborately with some more details unless you may get incomplete and misleading opinions only.
You may revert with more details if you are seriously looking for a solution to the problem, if any.
Data provided in your question is sufficient to give actionable opinion. Please elaborate.
You can do for declaration order from court
As the UDS has been registered, you are legally entitled to your undivided share of the land. If the construction agreement has not been registered, your title and ownership over the superstructure part is in question. All the flat-owners have to jointly file a suit against the promoter/developer for getting a court order. Even if all are unable to join the legal action proposed, others can very well proceed, making the unwilling flat-owners t as proper parties to the suit.
Issue legal notice to customer to fulfill the building contract within period of 15 days of receipt of legal notice
is there any terms and conditions imposed in the UDS for the failure of the customer.
I need to see the UDS agreement. We can sell the apartment by following due process of law.
Dear Client,
Send a legal notice.
You can initiate recovery proceedings before the court.
If you do not wish to put in many years for a court case, you can alternatively settle the matter outside court through mediation.
Thank You.
