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adProperty News

     
 
Can one opt for divided share of land?
Source : The Hindu Property Plus Published On : 2009-01-24 City : Chennai

    I am the owner of a Housing Board flat with proportionate share in the undivided share of land.

The property is under joint development with the builder who has acquired 80% ownership by way of outright purchase and intends to build flats only in the remaining 20% by sub-dividing the land proportionately.

I am keen on seeking sub-division of my proportionate undivided share of land and not participating in joint development. I am holding clear title for flat and proportionate UDS and now would like to convert to divide share of land.

I would like to know as to what process and documentation would convey clear title to me on divided share of land. Should all the owners participate in the conversion to division process?

Sriram.S

Chennai- 600 041.

Our panelist, Mr. R.L.Narayanan replies: You have to affect a Partition of your share by meters and bounds by proper documentation. Although, the document is not very complicated, you will have to check with the developer as to whether the developer is willing to go through this process. If not, you have to obtain suitable reliefs from a Civil Court. It is advisable for you to take a professional consultation as basically two more issues have to be resolved. One is that, the undivided share of land in an Apartment Complex is treated as indivisible. Further you have to understand the time frame involved in the process. An evaluation of the issues will help you in taking a suitable decision.

For remedies

I am regular reader of the Forum in Property plus. My son booked a flat in March 2006 by paying 1% of cost, made an agreement with the builder in May 2006 and paid 59% of the cost 34 days in advance as per agreement. We had an oral agreement with the staff of the builder to release further Installment with grace period, which will compensate the interest we suffered with advance payment. In October 2006 we were threatened by the builder to cancel the flat, as we were delaying the payment and the person with whom we made oral agreement had also left the concern at that point of time. So, we made the payment to the builder with 18% interest as required and also full and final consideration as per agreement was paid in advance by my son in July 2007. But, the builder asked for escalation cost and filed civil & criminal case against us in June 2008.

The builder is bound to pay Penalty charges from January 2008 till the handing over as per agreement. Finally we got "Only Possession" in December 2008 through High Court by proving all allegations made by the builder false. Also, any dispute has to be sorted out only through "Arbitration" as per Agreement.

1. Who is responsible to pay maintenance charges to the Association from January 2008 to November 2008, when the flat was completed and handed over through court now only?

2. Whether we are eligible to claim damages for the period from Jan 2008 to Nov 2008 as per Construction Agreement?

3. First Payment Schedule was prepared in March 2006 and Revised Payment Schedule in May 2006 (Agreement). Which Payment Schedule is valid as per Law for preparation of Statement of Accounts?

4. The builder provides 18% interest for Advance payment & charged 18% interest for delayed payments at the initial stage, then for subsequent payments only charged 18% for delayed payment, but not given us 18% interest for advance payment. Shall we have rights to ask interest for Advance Payment made by us?

5. Ten days after receiving the possession we found seepage of water in the wall, finishing was improper and also builder had not fulfilled his part fully while comparing my flat with other allottees. What shall we do now? Where to approach for all remedies?

Mr. Narayanan replies: As the matter has already been decided by the High Court, you have to work out your remedies, if any, by filing an Appeal or other proceedings only through the Court process.

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