Welcome, Guest    
Login  Contact Us RSS Feeds
  Add Property                
Register Free to find a Perfect life partner In AnytimeMatrimony | Equated Monthly Installment(EMI) Calculator | Stamp Duty Calculator | Area Conversion Calculator | Know answer for your Taxation query | Ask Legal Advice @ Free of cost | Vaastu Tips
FAQ Sitemap
Newsletter Signup
Subscribe for our property news letter

News Search
Type a keyword to search.


Select a city to search property news.

News Archieves
September 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
September 2008
June 2008
February 2008
January 2008
December 2007
November 2007
External Links
 ICICI Home Loans
 LIC Housing
 HDFC Home Loans
 SBI Home Loans
 Axis Bank Home Loans
 Tamilnadu Govt Links
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?


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.



More on Anytimeproperty
City Based Properties
Useful Tools Property News Search Property Calculators Others
© 2019 Any Time Property All Rights Reserved. Home | About Us | Advertise | Testimonials | Help & Support | Contact Us | Careers | FAQ | Feedback | Sitemap
Privacy Policy | Terms and Conditions Developed by Snick Technologies