Legal Eagle Q & A

Reconstruction of shared property

I own flats in Ashok Nagar that were allotted to me by the Tamil Nadu Housing Board in 1972. These LIG units include four flats in one block. I own the ground and first floor flat on one side. I wanted to demolish my side of the flats and reconstruct. The other two owners, however, were not inclined for the same.

My ground floor flat, where I am presently staying, is much below road level and requires repair. Can I get a clearance from concerned authorities to demolish and reconstruct my portion of the block? How much clearance should be left from the original common wall for new construction? Also, can I get a patta for my portion of the land?



Chennai

Normally, in the sale deeds executed by TNHB, there will not be a specific mention about the undivided share of land. The same would have been described as ‘proportionate share in land’. At the time of redevelopment, two documents would have to be looked into to ascertain the undivided share of land attributable to each flat. One is the orientation sketch issued by TNHB which will show the dimensions of the plot over which the block is erected. The second document would be the patta (Extract from Town Survey Land Register) in the names of the flat owners in that specific plot.

In your case, even if the four flats form a separate block which is eligible for an orientation sketch and a separate patta, you will be entitled to an undivided half share in the land and the remaining half share will vest with the other two owners. You require the consent and co-operation of the remaining two owners for demolition and reconstruction.


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Printable version | Oct 17, 2021 7:29:11 AM | https://www.thehindu.com/features/homes-and-gardens/q-and-a/reconstruction-of-shared-property/article7769765.ece

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