Santan 10 January 2018

Undivided share in land of office premises

I had purchased an Office in a commercial building - the following is stated in my Sale Deed. QUOTE " The Vendor do hereby convey and transfer in favour of the Purchase the said premises namely office bearing No. 102, admeasuring 90 sq. mts., located on the First floor of the said complex, which office is found fully described in SCHEDULE-II hereinafter appearing in the said project named "Amit Tower", which OFFICE is found described in SCHEDULE-II hereinafter appearing along with proportionate ideal and undivided share in the said land described in SCHEDULE-I hereafter appearing, so that the PURCHASER, for all times hereafter, shall HOLD, HAVE, POSSESS and ENJOY the said OFFICE and the said property along with all easements, rights, interest, advantages, benefits and privileges available to the owner of the said OFFICE and co-owners of the said property, free of all encumberances and as absolute owner thereof." UNQUOTE My question - is necessary to state in the Sale Deed (a) the ratio of the undivided land entitled to the PURCHASER (b) actual portion of the undivided land entitled to the PURCHASER.

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2 Replies

R.Ramachandran (Advocate) 10 January 2018

(a) and (b) of your query is not practically possible, and that is why they simply state that "proportionate ideal and undivided share in the said land".

Let me explain, with an example, as to why this is not practically possible.

Assume there is a 2000 Sq.ft. plot of land.

The Total floor permissible is 10 and on each floor 2 flats (of roughly 800 sq.ft.) are constructed.

If 2000 Sq.ft. is divided by 10x2 it will come to 100 sq.ft.

From the above example, you will find that, while you have a 800 Sq.ft. flat, but only 100 sq.ft. land. Assume, I give an actual portion of 10'x10' at north eastern corner of the plot, can it be said that you can construct 800 ft.flat on that 10'x10' land? Answer is NO. Furrther, can you say that your present flat is exactly at the North-eastern corner? Again the answer would be a big NO. Therefore, it is practically not possible to either describe or allocate a particular portion of land specifically to one person. That's why it is said that proportionate undivided land underneath.

I hope this clarifies your doubt.

Santan 12 January 2018

Hi, R.Ramachandran,

I am not saying that a particular portion should be allocated to me. In this case, my office is 40 sq.Mtr. and the land area is 1000 sq. Mtr. the total built-up area is 2,000 Sq. Mtr.

In the Sale deed, there is a mention of my Office Area 40 Sq. Mtr. and there it is also stated the Area of the Land as 1,000 Sq. Mtr - But there is no metion of the total Build- up Area which is 2,000 Sq. Mtr.

Regards,