RAJ KUMAR PATHAK (EE) 30 August 2012

Undivided share of land calculation

A builder has constructed a 3 storeyed residential apartment in a land measuring 2880 sqft. There are total 6 flats , 2 in each floor. Super build-up area of each flat is same (say 1000 sqft each).My query is what is the rule to calculate the proportionate share of land for each flat owner. If it is to be calculated simply, then it comes out to be 480 sqft per owner. The builder however wants to give 440 sqft only to each owner in the sale deed, Nothing about this has been mentioned in the agreement betwen builder and purchasers. Can purchasers fight for 480 sqft undivided share of land, please advise

Raj kumar, Ranchi

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2 Replies

Anish Thakur 7018812737 (advocate) 30 August 2012

respected querist,

as per your query its not clear whether you are talking about the spare land or about the registration of the flats,in general the flats are regisred in the buyers name and spare land will remain regisred to the society in whole and all persons have equal right on that land ,in other words that free space is counted as common premises.fel free to call on profile number and try to attch some pics of the sight to make your query more clear

RAJ KUMAR PATHAK (EE) 01 September 2012

dear sir, thanks for the reply. What i know and what i have seen in Ranchi is , when someone purchases a flat in an apartment, flat with its super build up area is registered in the name of purchaser alongwith proportionate share of land. Tis proportionate share of land is even is mutated in the name of the purchaser. there is no physical significance of the proportionate land and in no way the owner can claim , sell or dispose this proportionate share of land. If am able to clarify , please give ur advice on my query