Tamilnadu apartment ownership

d m mohunta (Querist) 07 March 2014 This query is : Resolved

As per original plan 16 apt. were constructed two belong to the land were and 14 were sold in 1984.

The flats were registered only from 2005 onwards because of various suits that ended in compromise of giving the land owner excess UDS and also a clause not hindering further construction.

The registered undivided share was not proportionate to the constructed area but on the basis of future plan to construct further 8 flats. The excess undivided share was retained by land owner.
On this basis the landowner has retained 3 portions of g/f stilt area. His application for further construction has been rejected as of 2010/11.

Are such registered deeds valid under the TN apartment act?

Can the land owners retain the g/f areas and excess UDS?

What is the remedy for the flat owners

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ajay sethi (Expert) 07 March 2014
it is necessary to go through the consent terms filed in court . since excess UDS has been given to land owner the flat owners cannot demand the same . why was application fo further construction rejected

d m mohunta (Querist) 07 March 2014
The application were rejected as building norms as per CMDA not fulfilled,

Please read the act and then give your opinion see quotes from act below

in another thread Mr raj kumar Makkad has cleared many doubts.

(h) “Common areas and facilities”
1. The land on which the building is located
3. the basements, cellars, yards, garden, parking areas and storage spaces
There are many other items in other sub clauses
Chapter II
(6)Common areas and facilities
(1) Each apartment owner shall be entitled to an undivided interest in the common areas and facilities in the percentage specified......... Such percentage shall be computed by taking as the basis the extent of the plinth area available in the apartment in relation to the total extent of the plinth area available in the building.
(2) ........... “ The percentage of the undivided interest...............shall not be separated from the apartment to which it appertains, and shall be deemed to be conveyed or encumbered with the apartment whether or not such interest is expressly mentioned in the conveyance or other instrument.”

T. Kalaiselvan, Advocate Online

(Expert) 08 March 2014
If your doubts were cleared what is the necessity to raise the query once again, why do you repeat it?

d m mohunta (Querist) 09 March 2014
you can see no body has given proper reply

there is no answer to he queries

V R SHROFF (Expert) 09 March 2014
believing, u r Flat purchaser,
U entered into Sale Agreement with builder.
U r not a party to Land owner.

Terms and conditions of regd sale agr between you and builder is deciding factor of your query.

Certainly, the Building Land is not conveyanced to Society, and had no right to open Land till ownership is transferred.
builder cannot pass on rights he himself did not acquired from Land lord till date..

d m mohunta (Querist) 09 March 2014
There is an agreement between the landowner and builder that the land owner will register the UDS in name of flat owner nominated by the builder. In fact as per their agreement the landowner also has share in profit.

Pleas read the Tamilnadu apartment ownership Act 1994 and rules 1997, before you make a comment.