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Dear Client,
UDS ensures that you have a legal claim to the land on which your apartment stands, providing long-term security and value appreciation. Typically, a UDS of 30% or higher is considered advantageous for property owners. A higher percentage of UDS is generally preferable as it signifies a larger ownership share in common spaces. You need the following details to calculate the UDS of your apartment. 1) Total property land area 2) Specific unit’s super built-up area, including the carpet area plus the proportionate share like elevators, staircases, corridors, etc. 3) Super built-up area of the entire building. After collecting this information, you can use the following formula to calculate the undivided share of land: UDS = (Super built-up area of your unit / Super built-up area of all units) x Total land area. Putting this formula in your case, if the UDS comes below 30%, then you can ask for more compensation from the Builder. If the housing project is registered under RERA, then an aggrieved flat owner, serving a legal notice to the Builder, can file a complaint against him under Sec.31 of the Real Estate (Regulation and Development) Act, 2016 before the Adjudicating Officer claiming compensation for the deficiency in service. The complaint may also be filed against the Builder post-service of a legal notice before the Consumer Court over alleged deficiency in service and unfair trade practice claiming compensation for harassment and cost of litigation within two years from the date of the cause of action, It may be noted that you cannot raise your complaint/claim relief simultaneously before the Consumer Forum and RERA for the same cause of action at a time. If required, hire an Advocate to navigate the issue in the right way. If corner plots are given to any 1 specific villa that infringes the right of other users after taking monetary benefits by the builder, then serving a legal notice, you can file a civil suit against the Builder in the Civil Court seeking appropriate relief. If required, hire an Advocate to navigate the issue in the right way.
Posted On 03-Mar-2025
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