d m mohunta
06 March 2014 at 13:28
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.
Tamilnadu apartment ownership act
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.