Yes it's a dubious claim you can oppose it
Uds in apartment complex
Six apartments on a 4541 sq. ft plot. Original landowner had retained 1 apartment and a garage but has since sold to a new owner. The other five apartments have a combined UDS of 3000 sq.ft. A total of 3770 sq.ft. has been clearly identified as UDS in connection with the six apartments. This leaves 771 sq.ft. unaccounted for. The apartments were built in the 1980’s with a FSI of 1.5. The superstructure constructed is based on the total plot area of 4541 sq.ft. Original landowner claims they still hold the right to residual. As per State Bank of Travancore vs State of Tamil Nadu (Indian Kanoon) and the Tamil Nadu Apartment ownership Act 1994 this claim seems dubious. The issue of ownership needs to be resolved to permit reconstruction. Am interested in views from the learned gentlemen/ women on this forum. Relevant case law very much appreciated.
Asked 4 years ago in Property Law
Religion: Hindu
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6 Answers
Landowner has sold the apartment and garage
2) he does not hold any residual rights
3) rights of surplus UDS would lie with six apartment owners
Without seeing the contents of the relevant deeds no comment on merit of the case can be made.
UDS or Undivided Share of Land is a part of the plot given to the owner of the flat in an apartment complex on which the entire structure is built. This share of land has no defined boundaries and each and every flat built on that particular plot will have associated UDS.
When you buy an apartment, it usually includes two components - cost of land and cost of the structure. This land component is the undivided share of land in any apartment complex.
During redevelopment or in case of government acquisition, if a building is brought down, then the buyer will get compensation on the basis of UDS i.e. the share of land which a buyer has on his name.
UDS is the ratio of the size of a single apartment to the total built-up area of all the apartments while mathematically.
The UDS can be calculated by multiplying the total land area with the size of the individual apartment (3,500*1,000) in this case and dividing the result by the sum of areas of all apartments which is 1,000*5= 5,000. Hence UDS = 1,000*3,500/5,000 = 700 square fee
The agreement copy between the builder and the seller holds all the important details of the property in question including the details of the undivided share of land.
There is usually a dedicated section in the agreement that gives the details regarding the UDS share, which is often mentioned in either percentage terms (for example 0.75%) or in exact square feet terms.
If at all there is a residual area as claimed by the landowner, then it becomes the common area belonging to all the flat owners.
The land owner cannot claim any right over it especially after having sold all the flats to the buyers.
UDS is calculated as follows
(Individual super build up area of flat / Sum total of super build up area of all flat) x total area of land plot = UDS
It is predefined irrespective of what is written in sale agreement by the builder.
Check the total area of plot purchased by the builder and calculate your UDS as stated above.
Within that plot area original land owner shall have no right to possession any area of land and so he can not construct any building thereon.
- 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.
- Hence, after selling the flat , the land owner lost his right over the UDS as well.
