Hi My Name is Sampath Daida,I tried to buy a flat which is 15 years old, In that apartment there are 60 flats all of same size and total land is around 2190 Sr yards. but when i see the individual documents every flat is allotted only 13.15 Sq yards as Un divided share of Land. and rest is not mentioned any where. what kind of Legal issues may rise if the we go for redevelopment in next 10 years. Weather Builder/ owner holds any share , Technically is it possible.
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In case each flat owner has only 13.15 sq yards of land in case of redevelopment they would not be entitled to 2190 square yards of land
2) file RTI with muncipal corporation and obtain copy of sanctioned plans
3) only after perusal of plans and agreement signed with flat owners can it be said whether builder had any share
A. First, you need to verify approved plan to verify the actual area and sanctioned super built up area. Later you will understand by comparing this UDS with the said plan as to whether the allotted UDS is fair or not?
B. In case the Apartment Association was formed and registered the same, you can check the same document with the association and verify deed of declaration which was executed by the builder by mentioning the land area, super built up area, carpet area and amenities etc.,
C. The same documents could apply before the plan sanction authority under the RTI Act. Before redevelopment, all the respective flat owners must identify the actual land area.
