Uds of common passage
Chakravarthy
(Querist) 19 January 2014
This query is : Resolved
Dear Experts
UDS of common passage: The plot extent is 33 x 126 feet that is 4158 sqft, out of which 5 x 126 feet is common passage serving three residential units and two shops (each of land size 121/2 x 12 feet) whereas shop has entry from road. Three brothers A, B, and C are owners. ”A”s house developable buit-up area is 1,900 sqft, “B”s 1,900 + existing 300 sqft (G+1) front shop, and “C”s is 1,900 sqft + existing 300 sqft (G+1) front Shop. Each has a share of 1/3 of 630 sqft in the common passage, which is undivided share. Mr. “B” is selling only house and retaining his shop.
What will be the share of common passage for Mr. “B” after selling his House?
Thanks Expert in advance.
Advocate. Arunagiri
(Expert) 19 January 2014
The common passage meaning is it s common to the said property as a whole. Even if the owners change this size of the common passage will not change.
Rajendra K Goyal
(Expert) 19 January 2014
Common passage would remain common for the property.
Chakravarthy
(Querist) 19 January 2014
Thanks Experts
Each brother in their document has a Schedule which is for common passage, each has 1/3 rd share of UDS of 630 sqft. Mr. "B" sells his house only and retains Shop. The buyer Document has that Schedule, what will be the share to Seller Mr. "B". A's share: 1900/6300 x 630 = 190 sqft of UDS; B's after selling his house: 300/5300 x 530 = 30 sqft of UDS; C's 2200/6300 x 630 = 220 and New Buyer will have: 1900/6300 x 630 = 190 sqft.Total common passage is 630 sqft and total complete built-up area is 6300 sqft.
Kindly suggest me a simple solution.
Thanks in advance.
Advocate. Arunagiri
(Expert) 19 January 2014
Do not confuse with UDS with common passage. Common passage can not be transfered / sold.
Chakravarthy
(Querist) 20 January 2014
Thanks Expert
In the buyer's document, the buyer will have rights to use the common passage will be drafted. After selling house with the right to use the common passage, the seller retains only shop. Will he have right to use the common passage entitlement?
Thanks
Regards
Advocate. Arunagiri
(Expert) 20 January 2014
We have sufficiently advised. Do not confuse with common passage and UDS.
Every member of the same property, which is having the common passage, will continue to use the common passage, even if there is any property transfer.
If you want more clarification, take the document along with the drawing of the property, and get opinion by personally meeting the advocate.
V R SHROFF
(Expert) 20 January 2014
common>> remains common...
Chakravarthy
(Querist) 20 January 2014
Thanks Experts
REGARDS
Chakravarthy
(Querist) 10 April 2014
Dear Experts
The property (House with common passage rights) was sold and the shop was retained. In the sale deed it was mentioned and original was retained by the seller. How to deduct the house in the original document?
Thanks in advance.
