Home/Legal/Sale Agreement/In the JD, the project land is mentioned as 1 acre and 12 Guntas. In the Schedule A of sale Deed too, the project land is mentioned as 1 acre and 12 guntas. However, the total UDS is only 1 acre. So, who is the actual owner of the remaining 12 Guntas, is it the builder, landlord or the flat owner?
Q.
In the JD, the project land is mentioned as 1 acre and 12 Guntas. In the Schedule A of sale Deed too, the project land is mentioned as 1 acre and 12 guntas. However, the total UDS is only 1 acre. So, who is the actual owner of the remaining 12 Guntas, is it the builder, landlord or the flat owner?
In this scenario, where the project land is consistently mentioned as 1 acre and 12 Guntas in both the Joint Development (JD) agreement and the Schedule A of the sale deed, but the total UDS (Undivided Share) is only 1 acre, it’s essential to understand the legal implications:
Project Land Description:
The consistent mention of 1 acre and 12 Guntas in both documents establishes the agreed-upon size of the project land.
However, discrepancies arise when the total UDS (which represents the share of each flat owner in the common areas) is mentioned as only 1 acre.
Ownership of the Remaining 12 Guntas:
The actual ownership of the remaining 12 Guntas depends on various factors:
Builder: The builder typically owns the land until the project is completed and individual flats are sold.
Landlord: If the builder has a lease or development agreement with the landlord, the landlord may retain ownership of a portion.
Flat Owners: Once the flats are sold, the individual flat owners become co-owners of the common areas (including the remaining land).
Understanding UDS:
The Undivided Share (UDS) represents each flat owner’s proportionate ownership in the common areas (such as corridors, staircases, parking, etc.).
If the total UDS is mentioned as 1 acre, it means that the entire project land is divided among the flat owners based on their respective UDS percentages.
Legal Resolution:
To clarify the ownership of the remaining 12 Guntas, consult the sale deed, development agreement, and any other relevant legal documents.
If there are discrepancies, seek legal advice to determine the actual ownership rights.
The builder, landlord, and flat owners should collectively address this issue to ensure transparency and fairness.
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In the JD, the project land is mentioned as 1 acre and 12 Guntas. In the Schedule A of sale Deed too, the project land is mentioned as 1 acre and 12 guntas. However, the total UDS is only 1 acre. So, who is the actual owner of the remaining 12 Guntas, is it the builder, landlord or the flat owner?
Puneeth Shetty
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February 7, 2024
2024-02-07T10:47:45+00:00 2024-02-07T10:47:45+00:00Comment
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Sale Agreement
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