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In the apartments and commercial complexes flats/office units/shops are sold and sale deeds registered indicating undivided share or in the site area for determining the undivided share the total built up area permitted by the City Corporation is divided by the total site area to get the fraction for calculating the undivided share of the units. In some buildings subsequently parking space is converted and sold to buyers. In such cases when the building becomes old requiring construction of new building or when the building collapses after an earth quake how to settle the undivided share of the site in view of the additional area sold? Please clarify for the benefit of owners in such buildings.

- by A.S. Kodandapani, Bangalore

Entire land is divided by total built-up area to arrive at the undivided share. This undivided share is proportionate to the area of the apartment sold. Undivided shares include common area, car parking areas which are the part of the apartments. On sale of all the apartments, entire undivided share i.e., 100% of the land is sold. So, areas of car parking cannot be sold separately, independent of apartments. Any purchaser of car parking area does not get title, interest and ownership as they are already vested with the apartment owners. Such transactions amount to sale of non-existent land.  In case of re-construction of the building such purchasers have nothing to claim.


These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.


Q:- I am residing in the flats in which there are two NTC and one Co-op society. Now one new NTC has been formed for maintaining the flats (for Maintenance Charges) and all the members of the above flats are members of new NTC. I want to know whether in this New NTC any person who is living in the flat with power of Attorney i.e. the actual owner of the flat is ABC and XYZ is living in that flat by virtue of having power of attorney for the flat. Now this XYZ can become a office bearer i.e. Secretary or Chairman or Joint Secretary or any other post in the above New NTC.

Q:- I intend to buy an apartment in Banasavadi, Bangalore.  This apartment was originally booked by an NRI residing in U.K. The proposed sale is from the GPA holder of the said NRI. Upon finalization of deal, the property will be registered by the builder in my name directly as per the agreement between the builder and GPA holder. Please let me know whether should I proceed in the matter? Will there be any legal hurdle upon purchase of this apartment in the manner stated above?

Q:- As our builder failed to construct the parking area, we the allottees have contributed equally and completed it. Now, there is a problem of allocating the parking lot since more than one of us have desire to have a particular parking lot. How should we proceed?

Recently my cousin purchased an apartment costing Rs. 21/- lakh.  Out of this, Rs. 6/- lakh was invested by his mother and remaining Rs. 15/- lakh is though Bank loan. When he applied for the loan he made his wife as co-applicant, even though she is not paying her share of EMI. The property is registered in his name. His wife is showing lot of instability in their relationship. He now fears that they might get separated. He doesn’t want the property to go to his wife.
Please advise what he should do so that the property would not go to his wife?

Q:- I am planning to buy an apartment in Brook-field which comes under Mahadevapura CMC. My builder has got the approval for apartment as well as he has paid betterment charges in July 2005. But my builder says they do not have BDA release note and my lawyer is telling if the builder does not have it then don’t buy the apartments. With this circumstance can I be able to register apartment in my name. If yes, how should I go ahead? Please help in this regard.