I own a plot measuring one ground near Perambur. My parents stay in a building located on the land’s frontal portion. In the backyard, there is a vacant spot where I plan to construct a house by obtaining a loan. I have now realised that not just our land but our entire street is unapproved.
How do we take this up with government officials to get the land approved?
VNR Vinoth
Chennai
The duration of your ownership of the property and availability of patta (Town Survey Land Register Extract) in your name have to be considered to ascertain whether approvals can be obtained for the said plot. If the existing building has a sanctioned plan, the same will also be a factor for getting further approvals. For putting up an independent building in the rear portion, subdivision approval would also be required.
A friend is the second buyer of a Tamil Nadu Housing Board (TNHB) flat at Anna Nagar West Extension. Though the Undivided Share of Land (UDS) was not given in 1985 for TNHB flats, the original allottee’s sale deed incorrectly mentions a plinth area of 708 sq.ft. (as per TNHB) and unnecessarily mentions 708/3 sq.ft. of UDS equal to 236 sq.ft.
When he decided to get into a joint development with a reputed builder, he noticed that the errors have been repeated in the description of the flat of the second buyer. However, the correct UDS as per orientation sketch of TNHB — which must have been made after 2006 — has been mentioned. Per block, the UDS is 6,500 sq.ft. and the builder is providing 650 sq.ft. UDS for 10 flats (six old owners and four new buyers).
Is this sufficient or does any rectification need to be done to remove the effect of wrong UDS mentioned by the first allottee to the second allottee? Does this affect other old flat owners?
TK Nagasubramanian
Chennai
In the past, TNHB was not in the practice of mentioning the actual undivided share of land conveyed while executing sale deeds in favour of allottees. The superstructure would be conveyed along with a “proportionate share of land on which the building is erected”. When these properties are redeveloped after several years, the entire extent conveyed by TNHB can be ascertained from the Patta (extract from Town Survey Land Register) issued in the name of the present owners. Wherever it is possible to do a rectification, the same can be done if circumstances so warrant. If the builder is proceeding with the redevelopment based on the available material and properly documenting the correct extent of land in favour of the allottees, there is no need to go back in time and rectify the earlier errors.
