Sirs,
Would like to know what is the law regarding the Undivided Share (UDS) being offered in an apartment complex in India?
I currently own a flat in an apartment complex of 320 flats in a land of 5 acres. The current builder has clearly mentioned that the entire land parcel of 5 acres will be divided between all the 320 flat owners proportionate to their Super Built up Area. So I got 853 sq ft of UDS since my flat is 1610 sq ft.
I recently booked another flat from another builder who is building an apartment complex of 1000 flats spread across 15 towers in 44 acres of land. However his agreement says that the land below each of the tower would be shared by the flat owners of that particular tower. This just gives me 60 sq ft of UDS for a flat measuring 1,500 sq. ft. More over the builder says the land on which all the common areas like the pathways, gardens, swimming pool, club house is located will not be shared as UDS and will remain with the builder and they are free to do anything later if they get additional FSI.
A lawyer I consulted in Bangalore told me that there's no clear law regarding the UDS and every builder has the right to fix the way he wants to allocate the UDS. I am seriously concerned coz this is the first time I came across somebody giving the UDS on just the tower area? Is the builder right in doing so, if not can I challenge him by sending a legal notice.
Please help as I am in a big confusion.
Thanks in advance.
Raja
