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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 purchased a flat with the approved sanctioned plan-ground plus three floors.  Now the developer has constructed pent house and on top of that there are water tanks. We have not got occupancy certificate so far, the builder is trying to bribe the concerned authority for occupancy certificate. Will he be successful? There is also no fire fighting measures in the building and the building is more than 19 meters in height. Kindly let me know that whether I will get the occupancy certificate in this condition.

Q:- I am Ambika and am working in Bangalore. Here, I booked one flat (and got flat registration based on Undivided land) in Sep-04 which was under construction and expected to be completed in June-06 end. I have paid the gross amount (Flat Value) in 8 installments starting from Sept-04 to June-05 (I am supposed to pay sales tax in last week of June-05) I came to know that service tax is now applicable on Flat purchased from 1st June 05. I am in doubt whether I have to pay service tax or not. Please clear my doubt and let me know whether service tax is applicable or not for those who have booked (and registered) the flat in Sept-04 but flat completion is in June-05. If yes, then how much will be the service tax.

Q:- Are there rules regarding the car park bought by the owner in an apartment complex? In case he does not possess a car can he use the area to store some items?

Q:- Is it ok to purchase a flat which is under CMC-DC converted land or will there be a problem in registration? What are the documents that are needed to be verified?

Q:- I have a 100 feet x 120 feet site allotted to me by BDA at J.P. Nagar area. I want to construct a Multistoried Apartment, is it permissible?