If the undivided common area is not mentioned in your agreement it’s difficult to claim it but builder needs to give a share to the allottes if he opts off Redevlopment
First floor (G+1) sold without any share of land, is this valid?
My Uncle bought first floor in G+1 building from his cousin in 1995, he assumed by default he will have right on land as well, (Seller mentioned this in the draft sale deed, but skipped this statement of undivided share of land in the final document,). Now the seller planning to construct something on the remaining part of land extending the ground floor. is this allowed if the undivided land is not mentioned in the sale deed. Can builder sell floors without undivided share of land. Any reference to Judgements please.
Asked 2 years ago in Property Law
Religion: Hindu
5 Answers
Builder can sell floor without mentioning undivided share in land
conveyance would be executed by builder in favour of society formed by all flat owners
society would be owner of the land
Dear client,
I can provide some general information that may be helpful.
In general, when a person buys a flat or apartment in a multi-story building, they are entitled to a share of the land on which the building is constructed. This is known as the undivided share of land (UDS). The UDS represents the proportionate share of the common areas and facilities of the building, such as the land on which the building stands, staircases, lifts, and parking areas.
The specific rights and obligations related to the UDS may be governed by the terms of the sale agreement or the society by-laws, as well as applicable laws and regulations. The exact details may vary depending on the state and locality where the property is located.
If the sale deed does not mention the UDS or if it is not properly conveyed to the buyer, it may create legal issues and disputes. The buyer may have to seek legal remedies to enforce their rights and claim their share of the UDS.
There have been several court cases and judgments related to the rights and obligations of buyers and sellers in multi-story buildings. However, the specific applicability of these judgments may depend on the facts and circumstances of each case, as well as the laws and regulations in force at the time.
If you are facing a similar situation, it is recommended that you consult with a real estate lawyer who can advise you on the specific legal issues and remedies available in your case. They can also review the relevant documents and contracts and help you understand your rights and obligations related to the UDS.
The buyer of the floors above ground floor are also entitled to a share out of the UDS in the property.
In fact the valuation of the flat depends on the UDS only.
It might be an error to not to include UDS in your sale deed, hence you can issue a legal notice to the developer to furnish a supplementary deed or a rectification deed incorporating the UDS that is eligible to you.
Failing which you can file a suit for specific relief and pray court to direct the developer to provide the UDS that you are entitled in the apartment complex.
It depends on map of scheduled property enclosed to sale and extend of land sold. If the sold is limited to built up are, left over land remains with your seller. Only after perusal of sale deed, proper opinion can be given.
