• Unsold portion of undivided share

My flats has 6 houses of about opp sqft each in a land of 2700 sqft. The developer had plans for 9 flats and hence the undivided share for each flat owner is rip sqft. The developer finally could build only 6 flats and hence 900 sqft undivided share remains to be with the developer. There is an office room measuring 325 sqft at the ground floor which is an unapproved construction, but remains with the developer. I am owning one out of 6 flats. The developer wants to sell the office room along with about 140 sqft of undivided share. Can I purchase this? What will happen to the remaining undivided share that is with the developer?
Asked 2 years ago in Property Law from Chennai, Tamil Nadu
Religion: Christian

It is necessary to peruse development agreement entered into with builder to advise

2) construction can be as per sanctioned plans only

3) office is unauthorised

4) developer can sell undivided share as per clauses of agreement entered into with owners of land

Ajay Sethi
Advocate, Mumbai
55701 Answers
3358 Consultations

5.0 on 5.0

The developer cannot sell the undivided share of the flat system to anyone.

While buying an apartment, Indian home buyers concentrate on flat area but clueless about the actual land ownership - Undivided share of land. The property appreciation depends on the land value (UDS) and not the concrete building.

An Undivided share is a share of land allotted to the flat buyer while purchasing a property and it is registered in the name of the owner. When a home buyer purchases an apartment, he/she is entitled to 2 things: the constructed building and the proportionate share of land, where the whole building is constructed.

The sum of all the undivided shares must be equal to the size of the land in which the apartments are constructed. The more UDS one buys, the better value for money in future. In case of co-operative societies, the UDs will be in the name of the society as the flat owners are the share holders of the society. Otherwise, the flat owners should check their share of UDS in the sales agreement.

The UDS is based on the percentage of the super built up area of the apartment to the total super built-up area of all the flats. For instance, if 4 equally sized apartments of 1000 sq ft were built on one ground of land which measures 2400 sq ft, the UDS will be calculated as below: UDS = Super built-up area of individual flat / Sum of all flats’ built-up area X Total land area UDS = 1000 X 2400 / 4000 UDS of individual flat = 800 sq ft.

Hope the above convinces.

T Kalaiselvan
Advocate, Vellore
45761 Answers
539 Consultations

5.0 on 5.0

If the construction is unapproved then the developer cannot sell it without regularizing it. The title of the purchaser will be defective if he buys an unapproved construction. In so far as the undivided share is concerned the developer is at liberty to sell it.

Ashish Davessar
Advocate, Jaipur
24834 Answers
699 Consultations

5.0 on 5.0

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