• Does basement have undivided land share

We are planning to construct a ground,1,2,3rd floor alongwith stilt for parking and a basement. The undivided land ownership will be 22.5% for each floor and 10% for basement. My query is how much should basemnt land share should or should it be 0%
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

These are the rights which are attached to the property and no matter at what point of time they have become available in relation to the suit property. Whenever, they arise they are to be divided equally between the parties

For basement it should be equal share for all legal heirs

Ajay Sethi
Advocate, Mumbai
97334 Answers
7865 Consultations

Firstly, it should be equal for all, but someone is ready to take some extra or more in any specific floor or basement then he should also ready to take less or more in any specific area. It is totally in between the parties mutual consent otherwise would go equally.

Lastly,I would suggest you take some advise on building by laws in Delhi as it is now a days ban over construction, and also follow the laws in regard to the height and basemen construction as rules are very strict. Go wisely.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

All the flat owners have conjoint, common and undivided interest in the basement.

This can't be quantified, hence, can't be mentioned in the sale deed.

Vibhanshu Srivastava
Advocate, Lucknow
9680 Answers
312 Consultations

We are planning to construct a ground,1,2,3rd floor alongwith stilt for parking and a basement. The undivided land ownership will be 22.5% for each floor and 10% for basement. My query is how much should basemnt land share should or should it be 0%

You should hav drawn a plan for construction of this property as per desired design, if that is the case you should have submitted design and plan before the authority competent for approval?

Is it not mentioned that how much has been the common area in each and every floor?

Have you not asked or consulted any engineer so far about this?

What is your actual area of concern?

T Kalaiselvan
Advocate, Vellore
87534 Answers
2349 Consultations

it is not necessary that one has a share in the basement, you can make a clause with regards to the same at the time of selling such floors

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

if that is the case as elaborated in your follow up question then each of you should have 25% share, it shall then by 25% of everyone

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

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