Who owns the common area?

Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm

December 24, 2021 12:27 pm | Updated 12:27 pm IST

Photo: B. Velankanni Raj

Photo: B. Velankanni Raj

I purchased a flat about 20 years back, which consists of four blocks each of four apartments. I am the owner of one of the apartments. Should the patta of the UDS be transferred to the individual house owner’s name? Is it possible? The common areas or passage of the apartments comes to approximately 2,000 sq.ft. The patta is still in the name of the land owners/ power holders, where except one power holder all the others are no more. How is it possible to bring the common area’s patta to every individual apartment owner’s name?

— Kuttalaraj Ramalingam, Chennai

For undivided shares of land such as the common areas, no patta will be issued. However, all the owners can obtain a joint patta for the entire extent.

If there is lack of clarity on ownership of any portion of land, you may have to approach the court for necessary directions or declaration.

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