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Seller's right over uds

I purchased a flat in the year 1988 with 1/10th of  undivided share of land. However, there are only 8 flats in the apartment complex. The then idea of the seller of the land in retaining 2/10 UDS share was to put up construction for himself. However, the Floor Space Index restriction, etc. did not permit him to put up any additional constructions to the existing building consisting of 8 flats. As the building is more than 33 years' old and having damages, we wish to give the same to Joint Venture Promoters to re-develop by demolishing the existing building and constructing flats for the existing owners (at no cost to the present owners) and also for sale to others to meet his cost of construction, etc.

The developer says that as 2/10 UDS share  is held by the original seller of the land, this may pose difficulties and we have get release of the said share from him. However, the  present  whereabouts of the original seller of the land is not known to us and we could not establish contact with him for doing the needful in this regard.

Is there any way for us to come out of this situation and proceed for demolishing the existing building and putting up flats for the existing 8 owners and also appropriate number of flats, as per rules, for sale to outsiders with the revised UDS for each.

I shall be much thankful for your guidance in the matter.

With Thanks and Regards,






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