Apartments Related Issues

UNDIVIDED SHARE OF LAND – UDS

UNDIVIDED SHARE OF LAND

 
In an Apartment complex, the land, including that underneath the building structure is jointly owned by all the owners of the Apartments and it can’t be divided. Therefore the entire Land has to be commonly shared.
 
However, land proportionate to the super built up area of each apartment will be registered as an Undivided Share in the Land (UDS) in the name of the apartment owner. Thus, each Apartment has an associated UDS.
 
The sum total of all UDS in a Complex should be equal to the total extent of the land in which the complex was constructed. If this total falls short of the total land area, it means the builder has not transferred the entire land to the owners. May be he retains some part of the UDS to himself to enable  him to build more in future. Whether such construction will be as per plan or not can be found out by looking at the Builders Agreement and the Approved Plan.
 
On the other hand, if the total of all the UDS registered in a complex is above the total area of the land, it is clear that the Builder has violated the Rules on more than one ground and in which case it will be difficult to get the Completion Certificate from the Local Bodies.
 
The super built up area that is taken into account for arriving at the UDS will be mentioned in the Builders Agreement.
 
How much should be the UDS that must be associated with your flat?
 
It is
=Total Super Built up area x Super built up area of one’s Apartment
  Total Land Area.
Note: The Total Super built area will be given in the Approved Plan. And the UDS registered in one’s name and the Total Land Area can be found in the Builders Agreement. 

It must be remembered that the land component of an Apartment is the one that appreciates in value, whereas the building component depreciates in value over a period.

By John das(ChennaiRealties)

 

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