mysoregn

Friends I have not registered my UDS for the apartment while all others have secured their UDS by registering the sale deed. 1005 OF LAND AREA IS NOT REGISTERED. Now the builder wants to add one more floor.

1.Do I have the right to claim in the proposed construction.
2.Do the Existing UDS holders have any right TO DENY NO OBJECTION for proceeding with construction.
3.Original Power given to the builder is yet to be cancelled. Can the same Power will serve the purpose for proposed construction.

i have offered additional space proposed for a price.
out of 2945 sqft only about 2300 UDS was registered.

Memebers may ask further info if needed.

Please post opinions

ks2071746

Dear friend,

One mistake what most of the buyers commit is, not checking, while signing the sale agreement for UDS with the builder, the total area of land, how it is proportionately divided to all the flats in the project or whether any area of UDS is left out unallocated for the benefit of the promoter. Once this is checked and satisfied, UDS registration is to be done very fast and without any delay. One should also see the approved plans before signing the construction agreement. I have 2 known cases of my relatives taken for ride. In the first case, one of my relatives went for a flat in a project in Saidapet opp. to the Noorjehan theatre wherein the reputed builder M....... showed a large vacant area in front of the building as a park/play ground as well as for open car parking. None checked up the total land area and how the full area was divided to the flats as UDS. After all the flats were handed over, one fine morning, the buyers saw digging activities started and the builder went in for another large building with 1+3 floors. When the people went and asked, he very casually showed them the calculation that the buyers had already been given the USD as per the agreements. This was about 15 years back.
In another recent case. in Vadapalani area, the approval was for 1+1 floor and the builder initially informed UDS of 450 sq. ft. for a 1000 sq. ft. flat, which itself was a smaller UDS considering an FSI of less than 1.5 to be maintained, actually the UDS ought to have been not less than 700 sq. ft. The buyers did not bother to check up and signed the sale agreement for the reduced UDS. The story did not end here. It goes further, when it came to the UDS registration, which most of the buyers did not take up seriously, the actual UDS registered was 350 sq. ft. only which was even lower than what the builder signed in the sale agreement. The reduced UDS was due to the builder going in for another floor, of unapproved construction. Another thing with this builder was that there were only 3 car parkings available in the project and he actually sold these 3 car parkings to 6 flat buyers at varying rates like Rs. 50,000, 75,000, 100000 etc. and in none of the UDS agreements, the UDS for the car parkings got included. Such is the way the builders are taking the buyers for granted. The buyer need to be really very careful with such issues like UDS distribution etc.

ks2071746

lovebird

Pl register it immediately otherwise there will be no proof that the land belongs to you

Malathy

I want more and specific details about undivided share.
However, I shall try to answer in genaral manner
:pThe UDS has to be registered, the only one can become an absolute owner
:pIf any part UDS is not conveyed/ transferred, it can be sold by the builder. He can build further building. But it depends on the clauses and terms you and other co-owners have agreed.
For this we have to scrutiny the agrement and other deeds, documents.
:pIf the part is actually sold to you but not reginstered means you can prevent him

For more details you can contact me at srivijayan_ayahoo.co.in
It will be fre consultation and discussion only, so don't hesitate and think otherwise. Bescuase, the details what u have given is inadequate to form a dicision
Thank you

ks2071746

Dear friend,

Only after the UDS land registration process, you get the true legal rights as a buyer. A "no good seller" even may take you for a ride by selling the flat to other buyers for higher price etc.

ks2071746

vigneshbalaji

For Example an apartment is built on land area of 2400 sq ft.

It has Ground,first,second and third floor.Each floor has 2 flats ( 900 sq ft Each).

Totally there are 8 flats in the whole apartment out of which 2 Flats in third floor is unapproved.

So my question is whether all the 8 flats will be considered to calculate the UDS or only the 6 approved flats will be considered to calculate the UDS ?

Thank You

With Regards,
B.Vignesh

vigneshbalaji

For Example an apartment is built on land area of 2400 sq ft.

It has Ground,first,second and third floor.Each floor has 2 flats ( 900 sq ft Each).

Totally there are 8 flats in the whole apartment out of which 2 Flats in third floor is unapproved.

So my question is whether all the 8 flats will be considered to calculate the UDS or only the 6 approved flats will be considered to calculate the UDS ?

Thank You

With Regards,
B.Vignesh