Undivided share of land (UDS) for villas in a mixed development property
3 years ago
Am owner of a villa in a property (in Bangalore( of about 145 villas and 32 apartments. Is UDS for villas in a property with mixed development (i.e. villas plus apartments) to be computed in the same way as a property with only apartments?
The reason I ask is because builder has said that UDS for villa is same as plot area on which villa is built. This UDS is hence much lesser than the UDS which would include plot area + proportionate share of common amenities (such as club house etc).
Is there any place where the rules to compute such UDS for mixed development is specified? What is the correct way for UDS of villas in such mixed development to be computed?
1) It appears that the builder is planning to
a) Provide amenities (including club house, sewage treatment parks, pathways, gardens etc) with right of use rather than right of ownership.
2) In law,
a) either villa & apartment owners should have right of ownership of common amenities by way of inclusion of area allocated for common amenities as undivided share of land
or
b) alternatively the villa and flat owner association should become the owner of the common amenities
3) Section 17 of Real Estate Regulatory authority is clear that builder should execute a conveyance deed for common amenities to the Owner Association in case the common amenities are NOT part of undivided share of land with individual owners.
Hope this information is useful.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
To landlord - I am staying in this house from 6 years
Addition of Wife Name in new flat sale
Real estate -rera
Apartments terrace laws
Tenant Eviction - Rental and Sale Agreement Signed but Expired
