• UDS executed by landlord but building contract not completed

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
Asked 2 months ago in Property Law
Religion: Hindu

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7 Answers

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. 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

 

Data provided in your question is sufficient to give actionable opinion. Please elaborate. 

Ravi Shinde
Advocate, Hyderabad
3153 Answers
42 Consultations

5.0 on 5.0

You can do for declaration order from court

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

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.

Swaminathan Neelakantan
Advocate, Coimbatore
2152 Answers
20 Consultations

4.9 on 5.0

Issue legal notice to customer to fulfill the building contract within period of 15 days of receipt of legal notice 

 

 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

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.

Kumaresan
Advocate, Coimbatore
4 Answers

Not rated

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.

Anik Miu
Advocate, Bangalore
5374 Answers
58 Consultations

4.9 on 5.0

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