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

I’m residing at MKB Nagar, Vyasarpadi. My 28-year-old residential complex has 102 flats out of which only two owners have registered for UDS. The remaining owners have registered only for plinth area. The Association is planning to demolish the structure and build new flats. When a new flat is built, will there be any benefit for having additional UDS area?

Also, as per the rules, the government guideline value is Rs. 4000. The carpet area is 708 sq.ft. and UDS of 782 sq.ft. Please let me how much area should be registered.

Delight David
Chennai

From your query, it appears that your complex was built and sold by Tamil Nadu Housing Board. Since a set of TNHB Sale Deeds do not specify the undivided share of land, it is deemed that proportionate undivided share of land was conveyed and held by the original purchasers of flats. Though proper conveyance of undivided share of land was not done while resale of flats, it has to be presumed that the subsequent purchasers have the same share in land as the original allottees (since no undivided share was retained by the seller while effecting a resale).

In a joint development scenario, the new purchasers identified by the developer have to pay stamp duty and registration charges for purchase of undivided share of land and for construction agreement for the flat. The existing owners need not register the land as they already own the required undivided share and have to register only the construction agreement for the new flats proposed to be built for them.