Friday, 24 July 2015


There are several instances wherever the promoters of an flat don't transfer the complete extent of land to the patrons of flats. Instead, he or she tends to retain a little of the undivided share that is after victimized resulting in varied complications.

At times, the builder or his representative contend that they're conjointly co-owner of the flat complicated since they own a share of the land and demand that their cars be pose or retailers be made for his or her use.

However, the court within the case involving (writ petition No.39468 of 2002) bank of Travancore and therefore the regime of province et al has command that someone cannot retain ANy undivided share of the land in AN flat complicated unless he or she is an flat owner and in possession of the made space within the building.

In1982, the bank of Travancore purchased eight out of twelve flats made within the initial And second floors of flat complicated and in hand an 919/1779 undivided share of the land.

Of the remaining four flats on the third floor, 2 flats were purchased by Ms.Bharat Earth Movers restricted and therefore the different 2 by 2 people at the side of a 446 /1779 undivided share of land. The balance 414/1779 undivided share of the land wasn't sold .

The twelve flats within the complicated were punctually two-handed over to the individual house owners in 1982 when receiving the due payments. after, the owner regenerate the automobile parking areas into six retailers in violation of the sanctioned arrange and applied for regularisation of the deviation.His application was rejected and conjointly the charm filed against the rejection. The city Corporation was directed to require appropriate action to get rid of unauthorised construction.

When the city Corporation didn't take away the unauthorised construction, M/s.Bharat Earth Movers, one in all the flat house owners filed a judicial writ petition within the Court to direct CMDA and therefore the Corporation to demolish the deviation. The Corporation of city and CMDA gave an enterprise to the court that the action would be taken. The deviated parts were after destroyed and therefore the entire automobile parking was two-handed over to the flat house owners for joint possession.

Meanwhile, the promoter of the flat died and his legal heirs claimed that the complete automobile parking on the bottom floor was in their exclusive possession and place up shutters.

This was challenged within the court stating that the complete land on that the flats were made together with automobile parking belonged to all or any the flat house owners.

The promoters argued through their counsel that solely a little of the undivided share of land was sold  and 414/1779 undivided share were preserved by them.
Hence, the promoters claimed that they need a right within the land and therefore the entire ground floor, aside from a little that was sold  to the opposite flat house owners.

Hearing the arguments on either side, the court command that someone cannot retain ANy undivided share within the land unless he or she is an flat owner and in possession of the made space within the building.

States like Karanataka have created it necessary that the undivided share of the land can't be registered in isolation and that they have to be compelled to be registered at the side of the flats. This has helped arranged the issues for the patrons and has conjointly helped earn additional revenue for the State.

What to ascertain in Agreement?
When you get the property, your builder can offer you a date after you have to be compelled to return to registration workplace and every one the agreement work are going to be done. Most of the days, builders are reluctant to indicate you the agreement copy. However they're going to be able to share somebody else agreement copy at their workplace or at the most site.

Just have a glance at that agreement that is sort of a specimen or the format, on a number of the page, you'll see “Details of Undivided Share of Land” and it'll be mentioned in proportion terms like “0.45%” or precise space in sqft terms. simply scan the complete factor rigorously.

Then once the particular agreement should occur, you'll be able to then scan the agreement thoroughly and make certain you take care of now in your agreement copy. A tiny low tip here is that once builder calls you for registration, tell him you'd prefer to precede one hour from the regular time and have a close check out the agreement, if potential conjointly get a attorney with you and have him check out the agreement.


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