Information on land right via undivided share of proportionate land

This query is : Resolved 

28 May 2013


I live in Kolkata. Within the Kolkata Municipal Corporation limits. Recently I bought a flat within KMC area. There was a point mentioned that I will have right over the propertionate area of the undivided land beneath the said building.

I registered my flat in the Sub-registry office duly. Mutation is not yet done.

I want to know more details regarding this.

1. Does the registry of the flat enters my name into the land records in the government books?
2. If someone does a Search for the flat, will they have my name of the Land owners name in the registry records?
3. After 20-30 years, suppose the flat need to be demolished then do I have right to build a property or stake claim on new building?
4. In case of eathquake, if the building falls, then can the land owner only build a new property of he should take consent from me as well?
5. Is the land owner still the land owner, or he is also now like me a UDS nominee?
6. What makes sure that the flat cannot be sold again by the developer? In my registry paper it is noted that the said flat in 2nd floor facing north-east-west.
7. What is the user of Mutation?

This flat was build by a Developer on a 50-50 basis with the land owner. The developer had the power of attorney to sell the flats.

Any info on the above questions will have me a lot.

Devajyoti Barman (Expert)
Click to Talk
28 May 2013

You have bought the flat , now live there peacefully.
The questions you have raised here have no practical relevance.

raj kumar makkad (Expert)
28 May 2013

1. Not before mutation.

2. yes but not in mutation without which sale-deed has no relevance.

3. It depends upon future.

4. First let the earthquake come.

5. After purchase of property by you, the status of you has become as of owner and leave other persons.

6. Get entered mutation and entry in the society record.

7. What is the user or who is the user of mutation???????? Clear your query.

Samir Sahu (Querist)
29 May 2013


Thanks for the reply. Even for the sarcastic ones. This gives me some required info.

Well, now i will wait for the earthquake to happen and then send a query again. :-)

And, with the last question, i actually wanted to say "use" instead of "user".

Thanks All.

Anirudh (Expert)
29 May 2013

Dear Mr. Samir,

Since several flats have been built on the same plot of land, whenever any buyer buys a flat, naturally along with the flat only a proportionate share in the undivided land underneath will be conveyed to the flat buyer. With this, the flat buyer becomes owner of not only the built up portion (flat) but also the undivided portion of the land underneath.

There is no separate registration for the UDS of the land. It will not appear in your name in the records. Rather only the flat along with UDS will appear in your name.

In the event the building gets demolished say after 20-25 years to have a new construction, or if there is earth quake as you apprehend, then in that event, based on the documents that you and other flat owners would have in your possession, you will be entitled to get the building raised again and claim your rightful share in the newly constructed building.

Having already conveyed the flat along with the UDS of land to the individual flat owners, the land owner has no right, title, interest or ownership of the land in question. However, if he is also owning any flat(s) in the same building, then he is also entitled to his UDS of land.

Again, once the flat along with the UDS of land has been sold to you by the builder he has no legal right to sell it again to anybody. However, nobody can stop him from illegally transferring the flat again to any other gullible purchaser. But as a first buyer, with all the documents in your favour, you will be in a position to successfully and effectively defend your ownership and possession.

Now that your query has been answered, I sincerely wish that there be no Earth Quake!

Samir Sahu (Querist)
29 May 2013

Thank you Mr Anirudh,

That is a really good detailed reply. I now understand better.

Thanks for the reply.


raj kumar makkad (Expert)
29 May 2013

Your questions should not have revolved around earthquake. Such questions are hypothetical and the replies against those questions is also like that.

Anyway, you like the reply except this one.

Samir Sahu (Querist)
03 June 2013

Respected Mr Raj Kumar Makkad,

First of all, I thank you very much for your reply. You gave your time to reply to my queries.

I agree my question regarding earthquake may be hypothetical, but it can be real any day, any moment. I wanted to know what are my rights according to the law in case of any such unforeseen events. Be it earthquake, fire, flood, war etc... I want to know my rights before any such thing happens, instead of running from pillar to post after the event has happened.

If this question was silly, then these points shouldn't be mentioned in any legal documents, insurance etc... But, they are there in every document which I have ever signed.


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