Conveyance of UDS not conveyed fully
padmanabhan
(Querist) 17 October 2010
This query is : Resolved
We bought a flat in 1998 from a developer cum promoter in Bangalore at Vijaya Nagar.
Recently, we came to know that he has not conveyed the entire land extent to all the six buyers. He has conveyed only 86% of the land and he does not own any flat in the complex. Can we the six owners together enter into a MoU and register a rectification deed by which each of the six current owners get a proportionate increase in UDS? In that case first owner shall get a sale deed executed by the other five owners and the second owner shall get a sale deed executed by the other three and the first owner. Is it a valid document? Should we include the developer who was the PoA of the original land owner as a party to the rectification deed? What is the SDR charges in Bangalore for a rectification deed?
pawan sharma
(Expert) 18 October 2010
No, this tipe of sale deed are not valid. if he sold only 86% portion.
may clear the facts properly.
sanjeev murthy desai
(Expert) 18 October 2010
Dear Mr. Padmanabhan,
yes you are absolutely right, you have the absolute right to get the remaining 14% uds from the developer/promotor and owners.
Yes you can execute the MOU for rectification Deed and allottement of remaining uds.
But as you mentioned such manner is not confirm the title and it is not a valid document.
You should have to rectify you all 6 Sale Deeds from the earlier owners/developers. Then only you can get the absolute ownership of that perticular share otherwise not.
If you need more information please contact me.
Sri Vijayan.A
(Expert) 18 October 2010
The builder has not arranged for conveyance of 100%.
If the original owner is ready to convey the remaining 14%, it is possible.
Otherwise, it can be termed that the land is owned by 7 co-owners. (Original owner is retaining the remaining 14%)
If he is not ready, the otherr co-owners can file a suit
Uma parameswaran
(Expert) 18 October 2010
Yes .you can execute a rectification deed and make developer or the Original Owners (depends upon the validity of POA) as party.
aman kumar
(Expert) 20 October 2010
You should have to rectify you all 6 Sale Deeds from the earlier owners/developers. Then only you can get the absolute ownership of that perticular share otherwise not.
