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Subhash Nakkella (Law)     15 May 2013

Apartment undivided share

Sir I am in need of valuable suggestion on below issue

Current apartment which I am staying is 10 years old apartment. Building having total 24 flats. Whereas builder made total 26 undivided share. Other than 24 flat owners one share for builder and one share for Land owner. In the share of builder and Land owner they constructed few shops in building cellar.


Recently Hyderabad Municipality has demolished the shops in cellar stating it is illegal construction.
Mean time we have registered the association. Now the land Owner is willing to sell the undivided share of his to Association. Is it suggestible to buy this share of Land owner? First place can builder and Land owner hold any undivided share after selling all flats in building? Please help me in understanding the legal rules of undivided share.
 



Learning

 5 Replies

Bharatkumar (ADVOCATE )     15 May 2013

As per plan pass from government authority how many unit passed by them and if 24 unit passed by them so each unit holder equal share in entire land and all 24 member/purchaser are equal undivided share in land.

Subhash Nakkella (Law)     15 May 2013

HI Sir Thanks for your valubel information.

In sale deed document land allocatio is less than eqal share.

 

example: 1000 sq yar / 24 =41 sq yar

But in sale deed it is mentioned as 35 sq yar.

How can we update our sale deed now?

Builder and Land owner having documents for demolished shops in cellar with land allocation details of their share. Is it still valied?

 

As an assosiation how can we resolve this problem.

1 Like

Bharatkumar (ADVOCATE )     22 May 2013

Builder and owner write 35 sq.yard but how they calculate this area? As per plan u give 41 sq.yard so the plan is right. u give a notice to Builder and owner for they make a forged document with purchasers/members as per plan. OR one single documents between members/purchasers and builder and owner for correction a 41 sq.yard and this document is registeration at registrar office.

Velayutham Visvanathan (Since no Organization or Firm hence no designation)     23 March 2015

I am proposing to purchase a house Flat under construction from a Builder in Salem. As per the Terms of Agreement,  a portion of  constructed area, in the form of Flats would be sold by the builder to various buyers.

While setting the residential flats, the undivided share of land (UDS) would be sold to the buyer and a construction Agreement would also be entered in to with buyer, for construction of a flat in accordance with the agreed specification.

Accordingly as per sale deed,  I have purchased a undivided share of land - 316 sq.ft. for Rs. 632000.00.

Secondly, a construction agreement would also be entered into with buyer for  construction of a house flat-of 1126 sq.ft - for Rs. 1689000.00 and also for car parking and other aminities for Rs. 190000.00.

Now the builder asks to pay service tax at 12.36% for 632000.00. including for Rs. 1689000 + 19000.00.

sale of UDS is registered seperately. Is it liable for Service Tax. Kindly clarify.

Velayutham.V

Velayutham Visvanathan (Since no Organization or Firm hence no designation)     29 March 2015

I am proposing to purchase a house Flat under construction from a Builder in Salem. As per the Terms of Agreement,  a portion of  constructed area, in the form of Flats would be sold by the builder to various buyers.

While setting the residential flats, the undivided share of land (UDS) would be sold to the buyer and a construction Agreement would also be entered in to with buyer, for construction of a flat in accordance with the agreed specification.

Accordingly as per sale deed,  I have purchased a undivided share of land - 316 sq.ft. for Rs. 632000.00.

Secondly, a construction agreement would also be entered into with buyer for  construction of a house flat-of 1126 sq.ft - for Rs. 1689000.00 and also for car parking and other aminities for Rs. 190000.00.

Now the builder asks to pay service tax at 12.36% for 632000.00. including for Rs. 1689000 + 19000.00.

sale of UDS is registered seperately. Is it liable for Service Tax. Kindly clarify.

Velayutham.V


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