Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm

My family owns four flats in a complex of eight. They were built on an ancestral property in a 50-50 JV with a builder. The patta (2001) is in my father’s name mentions an area of 5,684 sq.ft. and the CMDA approval upon construction of the said apartments mentions 5,637.92 sq.ft.

The JDA with the builder mentions 5,061 sq.ft., since that is the number as per the 1967 court decree awarded to my father but nowhere is the differential (5,684-5,061) accounted for. Now, the builder has sold his 50% share with a cumulative UDS of 2,953 sq.ft. which is more than what he should.

The EC has recorded that the builder has registered 5,684 as total plot area in each of his sales, even though the respective UDS calculations might be wrong and also the fact that he has used 5,061 for the same, in the JDA with us.

What should be the UDS for each of our sales? Should we try to fit into his incorrectly sold UDS of 2,953 so that the remainder does not exceed 5,637 or 5,684 sq.ft. or just use 5,061 as the base and go ahead with respective UDS?

Ram B

Chennai

Normally approvals are granted by the authority taking into consideration the least of the extents mentioned in the title document, patta and site survey plan (actual extent available on site). If CMDA had granted approval for 5,637.92 sq.ft., the cumulative undivided shares of land owned by all the flat owners should add up to the said extent. If there is any error in conveyance, the same has to be corrected by executing and registering deeds of rectification.