Online Copyright Registration in India

Protect your creative work
Books, Songs, film, websites, Software, painting, fashion Design etc
Call now: 09891244487

Ask Our legal Experts, on issues related to Divorce

File Mutual Consent divorce right away

Call at ph no: 9650499965
Search On:Laws in IndiaLawyers Search

To Appeal before CIC - Central Information Commission
For Filing and Hearing contact: Choudhury's law Office
Ph no: 8851046564

Author Topic: Effect on UDS of subsequent expansion to built-up area  (Read 1138 times)

0 Members and 1 Guest are viewing this topic.

Offline k_chandra1977

  • Newlaw
  • *
  • Posts: 1
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Effect on UDS of subsequent expansion to built-up area
« on: September 01, 2014, 07:46:25 AM »
I am looking for advice on a peculiar situation. My friend's grandparents lived in a 1200 SQ FT single-storey house built on a 3600 SQ FT plot. The cost of acquiring the plot and constructing the house was largely borne by the eldest son (my friend's father). On the passing away of their parents, my friend's father and his two brothers reached a mutual agreement, based on which:
(a) The eldest brother would continue to own the 1200 ground floor house that the grandparents lived in
(b) The two younger brothers constructed a 1st floor divided into two 600 SQ FT portions, one for each of them
(c) a deed of settlement was made based on which UDS was allocated to each brother. The calculation used to arrive at the UDS was as follows. Of the 3600 SQ FT, there is a 1000 SQ FT garden area at the backyard. This was subtracted from 3600 to arrive at 2400 SQ FT. This 2400 SQ FT was divided in proportion to the built-up area of each brother's portion. Thus, the eldest brother would have a UDS of 1200 SQ FT, and each of the two younger brothers would have a UDS of 600 SQ FT. In addition, the eldest brother would completely own the 1000 SQ FT garden area at the back, and reserve the right to construct something on that area in future if needed. The deed of settlement does not explain the calculation of the UDS; all it documents is how much UDS is allocated to each brother.

Now, several years after this settlement was made, the eldest brother would like to construct an additional house for his son (my friend). He wants to preserve the garden area at the back, so the only option is to construct vertically, building an additional floor over the existing structure. He has the consent of his brothers. However, a question crops up about the effect of this expansion on the UDS calculation. Just because one brother decides to expand his built-up area, it should not result in a change in the UDS split. My friend believes that there should not be any impact, and the UDS allocation as per the previous deed of settlement should continue to hold good. But I would like to confirm his understanding with the legal fraternity. Even if the brothers agree that their UDS share remains the same, will this be viewed differently by the Municipal Corporation or concerned authorities? This property is in the Chennai municipal area.

Also, the new house on the 2nd floor will get its own door number and property tax ID. If there is no UDS associated with this house, will the property tax rates be different compared to the other portions?

- Chandra

Offline advarjun

  • Veteran at Law
  • *****
  • Posts: 168
  • Karma: +8/-0
  • Advocate Arjun India's Finest legal expert
    • View Profile
Re: Effect on UDS of subsequent expansion to built-up area
« Reply #1 on: September 02, 2014, 05:04:04 AM »
Cut your story short
Advocate Arjun India's Finest legal expert


File a Consumer Complaint
Property verification
Call: 9873628941

Lawyers in India - Listed city wise Mumbai
lawyers in London
lawyers in Birmingham
lawyers in Toronto
lawyers in Sydney

lawyers in Milan

Delhi - New Delhi
lawyers in New York
los Angeles
lawyers in Dhaka
lawyers in Dubai

Copyright Registration

Ph no: 9891244487

For Mutual consent Divorce in Delhi - Ph no: 9650499965

Home | Bare Acts | Law Forms | Supreme Court Judgments | Legal Advice | Lawyers | Submit article | Sitemap | Contact Us

legal Service is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2017
Get Free legal Advice here from top notch lawyers in India