sharing among 4 owners
Sir,
I am owning a flat in Chennai. Ground area is 1800 sq.ft. There are 2 flats in G floor and 2 in F.floor which was constructed in 1992. Total plinth area is 2175 sq.ft which is 1.2 times of ground area. In that one owner who got his flat as 2nd hand has a UDS of 420 with a plinth area 675. Others have, with a plinth area of 430 having UDS 400, plinth area of 490 having UDS 440 and plinth area of 580 has 540 as UDS. Now all want to demolish this and go for a new structure since the new CMDA rules says that we can construct 1.8 times of ground area. The debate is whether to share the proposed total plinth area (3240 sq.ft) based on % UDS of all individuals or based on % plinth area of existing plinth area.
I shall be thankful, if you any one can help to give a correct and clear legal position. more
I am owning a flat in Chennai. Ground area is 1800 sq.ft. There are 2 flats in G floor and 2 in F.floor which was constructed in 1992. Total plinth area is 2175 sq.ft which is 1.2 times of ground area. In that one owner who got his flat as 2nd hand has a UDS of 420 with a plinth area 675. Others have, with a plinth area of 430 having UDS 400, plinth area of 490 having UDS 440 and plinth area of 580 has 540 as UDS. Now all want to demolish this and go for a new structure since the new CMDA rules says that we can construct 1.8 times of ground area. The debate is whether to share the proposed total plinth area (3240 sq.ft) based on % UDS of all individuals or based on % plinth area of existing plinth area.
I shall be thankful, if you any one can help to give a correct and clear legal position. more
Viewed by 512
View all 31 comments Below 31 comments
All the share holders have to divide the new building based on their UDS and pay as per their plinth area. more
Sep 09
When the building is demolished, what will remain? ONLY THE LAND WILL REMAIN. Then the land is pooled for construction. In this situation, the share is only based on the UDS. more
Aug 20
I may be excused sir that there is no second opinion that UDS remains same and we also know that. The crux of the issue is in the proposed new construction, whether the sharing of area is based % UDS or % plinth (existing) area. I already mentioned in my first post that cost of the individual flat is cost per sq.ft multiplied by plinth area of that flat. more
Aug 20
