I am planning to buy a resale apartment. However I have follwing query.
Sale deed of the current owner doesnot mention anything about the undivided share of land. And I think that the whole land on which the apartment complex is built is still in the name of Land Owner. Also there is no formal residents association.
Please advice on what are the documents to check the rights over undivided share of land.
you must take copies of the documents from the seller and apply for an encuberance certificate on the said property for 40 years. This will give you a clear picture as to how the previous owners have transferred their property to the present owners, nature of undivided property, other encumberances if any.
generally people use to get into joint venture with builders for joint deveopement of their property, on a percentage basis, i.e., 60/40 or 50/50 it means builder has to provide 50 pc built up area for the land owners and they are suppose to sell their share 50 p.c ,by giving the buyers share in land area(uds), in that case. the owners use to retain their share of UDS and balance will be sold by the builders, coming back to your case the buyer do not have a share in UDS AND he had got flat, this is amazing,it shows either the builder had done more constructions than allowed or he must have retained some(UDS) for his use. so some thing is not right be careful.
This issue is not with single flat. The entire land used for the construction of apartments is in the name of land owners. These land owners did not entered into JV with builder. They just gave a contract to the builder for construction. Then the land owners sold the apartments. But land is in their name only.
Usually in case of apartments, land ownership needs to be transfered to the residents association right?
It is not necessary that the land owners have to transfer their right to the residents association. A resident's association generally performs the role of an administrator with respect to the members of the association/society. In you case , if the land owners have sold the flats to many buyers, and if no society/association is formed , then the present owners have the liberty to sell their property .