• Builder didn't register 14% of the undivided share of land to the apartment owners.

Six children (first party) sold their inherited property to a builder 30years ago, the builder (second party) got a power of attorney with a clause that the first party won't raise any claims after the sale is completed. Builder added his daughter's name as a nominee for contingency in the power of attorney. The apartment was constructed and flat sold to the current owner (third party) with the sale deed signed by the first party. The builder (second party) didn't transfer 14% of the undivided share of land to the third party. Now the builder is dead. Who is the current owner of the 14% of the undivided share of land? Can the first party claim the 14% of the undivided share of land?
Asked 2 months ago in Property Law
Religion: Hindu

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8 Answers

First party cannot claim 14 per cent of undivided share of land 

 

current owner would be legal heirs of the builder 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

1. Flat had to be sold, along with the undivided share of land(UDS). How is that the third party did not notice this at the time of registration of the Flat in the jurisdictional Sub Registrar's Office?.

2.  To determine as to, whether 14% undivided share of land belongs to whom, one has to look into the "Sharing Agreement".

3.  Since the second party is already dead, approach the nominee,i.e., builder's daughter, if you do not have sharing agreement or for getting clarification in this regard.

Shashidhar S. Sastry
Advocate, Bangalore
4469 Answers
263 Consultations

5.0 on 5.0

If it's an apartment complex then all the owners shall be entitled for a share out of UDS..

If it is an independent flat then the purchaser shall be entitled to claim rights over the land below the structure.

If there's an association then the builder has to hand over all the common areas to the association including documents which will contain the details of all such issues including UDS.

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

You can file complaint to rera, consumer court depending on the irregularity and compensation 

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

The current owner of the undivided share of the land would either legal heirs of the second party or third party. It depends on the contents of sale deed executed. First party has no share.

 

Siddharth Jain
Advocate, New Delhi
6203 Answers
101 Consultations

5.0 on 5.0

Dear client I am sorry to hear that but in the case the first party cannot claim the 14% of the property because all the rights has been transferred to the second seller and only the second party has the right to do so, since the Builder himself died then he is legal heir can do so

Anik Miu
Advocate, Bangalore
5846 Answers
59 Consultations

4.9 on 5.0

It is not clear why there is an undivided 14% share of land. However, from the facts stated, the UDS rests with the original owners (First Party), as they had executed only a PoA in favour of the Second Party (the builder) and they themselves executed sale deeds in favour of purchasers. 

Swaminathan Neelakantan
Advocate, Coimbatore
2263 Answers
20 Consultations

4.9 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, 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.

- Further, 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 .

- Hence, the current owner is the owner of the UDS with the other owners if it is an apartment , and the first party cannot claim the same. 

 

Pls. don't forget to rating positively. 

Mohammed Shahzad
Advocate, Delhi
10663 Answers
132 Consultations

5.0 on 5.0

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