Is it legal to execte a sale for 20% of the uds of an apartment complex to a third person.

bring the notice to the apartment society management

Hello sir!

In the case of Jardine, Skinner & Co. v. Rani Surut Soondari Debt (1878), it was held that a right of occupancy might be acquired in respect of an undivided share of a property. Following are the rights of apartment owners:

• A resident has the right to attend the general assembly meeting and discuss the subjects.
• A resident has the right to get a copy of the co-operative society act and the bye-law.
• A resident has the right to get the list of members and managing committee.
• A resident has the right to get reports such as balance sheet, profit, and loss A/c, details of income and expenditure of the society.
• A resident has the right to get attended or addressed his complaints and grievances.
• A resident has the right to take the decision about the penalty to be charged on members, violating by-laws of the society, and to determine its amount.
• A resident has the right to participate in all activities of the society.
• A resident has the right to the occupation of flats as well as the undivided share of land.
• A resident has the right to transfer/inherit the property.

Legal implications of UDS whether stated explicitly or not, do exist. In case of co-operative housing societies, the UDS must legally be in the name of the society as the flat owners are the shareholders of the society.

Thanks  for your response. Would like to inform you that the no of flats in our complex is only 4 and we do not have a apartment society. In such a situation how do we go about. Two of the occupants are owners of the flats and the remaining is occupied by tenants.