I am one of the owners of a cluster of 32 apartments built 30 years ago.
At that time, the promoter who was also holding the power of attorney for executing the sale of UDS of the plot did not distribute the UDS equally to the 32 owners.
Five years after the construction, the promoter constructed an additional four flats on the open terrace (fourth floor).
As the building is old now and lacks certain basic amenities, all the flat owners are contemplating rebuilding the flats. Will it be possible for us to get the undistributed UDS held by the promoter to be equally distributed among the 32 flat owners for reconstruction of new flats?
S. Saibaba
Chennai
If the entire land has been sold as undivided shares to all the 36 flat owners, the present owners can collectively redevelop the property. Unequal distribution of undivided share of land cannot be re-opened at this point of time. If the previous owner/developer had retained some undivided share of land, you must explore the possibility of having the same conveyed in favour of the association of owners before proceeding with re-development.
If the previous owner or the developer are not available/traceable, you may have to obtain an Order of Declaration of title from Court, based on your long and continuous possession.
Please consult your lawyer for necessary advice.
