Pradeep (Consultant) 08 February 2014

Undivided share of land in residential complex

500 apartments were built in about 10 acres of land ; their built up area varies, as some are 1 bed (500sft), some are 2, 3 or 4 bed apartments (3000sft). The entire built up area, about 10 lac sft, is available for sale.

The question is how to calculate the Undivided Share of Land.

Q1: Is it true that entire land (10ac=48400sq yd) has to be conveyed to the apartment owners (10,00,000 sft built up) ?

Q2: Is the land divided based on built up area? That is, a single bed apt 500 sft will get 500 x 48400 / 1000000 = 24.2sqyd; or is there any other way of dividing the land such that some apartment owners can get more and some other apartment owners less?

What is the applicable law in Hyderabad.

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4 Replies

BAALASUBRAMANNYAMM (Advocate) 08 February 2014

The calculation is like this. If your portion is 500 Sft of built up area, the undivided share would be like this. Formula is :-

Total extent of land x your portion built up area/Total Built up area ie,

48,400 sq.yards x 500 Sft/10,00,000 Sft = 24.2 Sqyards.

you are entitled for an undivided share of 24.2 Sq.yards.

Pradeep (Consultant) 08 February 2014

Under what law is it enforceable in Hyderabad?

Our builder is trying to usurp some land.

Any case law?

T. Kalaiselvan, Advocate (Advocate) 08 February 2014

Mr. Baala subramanyam has given a detailed information about your query, you can contact a local lawyer for your further legal needs.

Pradeep (Consultant) 08 February 2014

My sincere thanks to Mr Bala Subrahmanyam for confirming the calculations. I am looking for the basis of such a calculation. Is there a law to that effect?

AP apartments act 1987 states in 9 (1) that it shall be computed by taking as basic, the value of the apartment in relation to the value of the property. This is not very specific, and subject to interpretation.

For AP is there any other provision in law for calculating the undivided share of land? Any other state has any specific law?

My thanks also to Mr T Kalaiselvan for the kind response.