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KSM   20 January 2022

Is uds mandatory for selling an apartment ?

Property is in the name of A...A passed away 20 yrs ago....He is survived by B & C who are legal heirs. Can they both sell the property to a new buyer without UDS certificate.....The buyer says UDS is mandatory during registration. Is this true ? It cant be sold unless you get a UDS rectification deed is it ?



 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     20 January 2022

Does UDS stand for un divided share? If all the legal heirs execute the sale deed UDS is not necessary.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     21 January 2022

When you buy an apartment, it usually includes two components - cost of land and cost of the structure. This land component is the undivided share of land in any apartment complex. During redevelopment or in case of government acquisition, if a building is brought down, then the buyer will get compensation on the basis of UDS i.e. the share of land which a buyer has on his name.

“Price appreciation in real estate is actually the appreciation of land prices because technically the building depreciates over time. This is the reason that the amount of land you own would matter,of the property.

KSM   21 January 2022

Greetings....This is an apartment. Yes UDS (Un-Divided Share). The apartments were originally 550sqft but then were later extended to 1020sqft since TNHB (Tamil Nadu Housing Board Permitted So). Now B & C who are the only legal heirs to the apartment want to sell it. But the buyer is insisting we should get rectification deed (UDS certificate) for the extended portion. Even though it is common for all the apartments.

Aryan Raj   21 January 2022

In response to your query,

UDS is required when selling or transferring a property. The government has created no requirement that you look at UDS, however, it is suggested for your own protection. The total value of all undivided shares must match the total area of the land on which the flats are built. The more UDS purchased, the higher the future value for money. In co-operative societies, the UDs will be in the name of the society because the flat owners are also the society's shareholders.

Therefore if the buyer demands the UDS then he is not being unreasonable.

Regards,

Aryan Raj

Dr J C Vashista (Lawyer)     22 January 2022

Get the property under the provisions of Partition Act, 1893, valued amicably and buy / sell other's share.

KSM   24 January 2022

Theres no buying or selling anyones share. Its a single flat in an apartment. The owner died intestate while the flat is till date in his name. 35 years have passed. The wife and the only 1 child want to take their shares by selling it. They want to sell it...and take their shares. Forget the share ratio etc. The buyer is asking get UDS before he can purchase from them. The 2 legal heirs whi are selling are saying let him get his own UDS after buying. I think this is bec the flat which is 500sqft in the omther document and sale deed is now actually 1000 sqft bec everyone extended their flats. This flat is not extended as the 2 heirs didnt want to extend...it is only having pillars in the back. However the property tax for this flat is showing to be 1000 sqft and tax is levied for the same. So that itself proves its now assessed as a 1000sqft flat. So the legal heirs are suggesting the buyer to get his UDS certificate after he becomes the owner.


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