Undivided share of land (UDS) issue in our apartment building
We have an issue with the ‘Undivided Share of Land (UDS)’ allotment in our apartment building. Below are a few details:
1. The apartment building is 25 years old, constructed on a plot of land that measures 600 Sq. yards.
2. We have 16 flats in the complex.
3. If we take the UDS allotted to each flat and add all of it, the final value is coming close to 520 sq.yards.
4. So, 80 sq. yards isn’t allotted to the flat owners at the time of registration back in 1996 (Ideally, the builder should’ve registered the entire land as UDS to the flat buyers proportionate to the flat size, which clearly did not happen in our case).
5. There is no illegal penthouse to conclude the suspicion of the missing 80 sq. yards.
6. We have a very peaceful possession of the property, no disputes till date.
- What if all the apartment owners decide to reconstruct/redevelop the property. Will it get into any legal trouble while obtaining permissions?
- Is there any way we the owners can get the ownership of the residual 80 sq.yards?
- If yes, how can we proceed to claim the ownership?
- If no, who is the owner of the residual 80 sq. yards. Is it the builder or landowner?