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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 first floor flat from a promoter. From the second floor water is leading into my bathroom. Shall I ask the promoter to rectify the defect or the second floor owner? What is the remedy? Can I file a case against the promoter?

Q:- I have immovable properties in Mumbai, Bangalore which are let-out, now I require them for my business. Please inform me, in general, the grounds for eviction of my tenants?

Q:- This query is about undivided land in apartments building. What care should be taken above the undivided land while purchasing a flat? Should we register this also while purchasing the flat? Can we construct an independent house after the flats are demolished?

Q:- I am staying in a rented apartment. As per the terms of the rental agreement, I issued 3 month's notice to the landlord. The land¬lord says he cannot refund the security deposit till he finds a new tenant. He is suggesting me to vacate the apartment. If I vacate the apartment I may not get the deposit back. If I do not vacate he will go on adjusting the rent against the deposit, which I do not want. Please suggest a way out to solve the problem.

Q:- I have entered into an agreement to sell to buy a flat.  Now the builder insists that I pay service tax, sales tax, electricity and BWSSB charges, stamp duty, registration charges corpus fund for association which will be nearly 25% more than agreed flat rate.  Whether I am liable to pay all the charges or not kindly clarify.