When UDS is unevenly marked

Legal answers for property questions

We have a unique problem in our association. Our residential complex has 24 apartments (three blocks of eight flats each, spread over five grounds), which are 40+ years old. Now, we want to go for reconstruction. But the problem is, our UDS is distributed unevenly. There are eight flats, each measuring 900 sq.ft., which own 50% of the UDS. The remaining 50% is divided among 16 flats of 800 sq.ft. each. This discrepancy was due to the fault of the builder at that time, who had the sale deed written in an unfair manner. What is the way to solve this issue, as 16 owners feel they have been taken for a ride and the remaining eight owners are “willing to sell to the 16 owners the additional UDS”. Is it necessary for each owner to fulfil Floor Space Index (FSI), or is it enough if we collectively maintain FSI while going for reconstruction?

Sridhar V.

Considering the passage of time since your purchase, correcting the anomaly now may not be possible. The ownership of land has to be reckoned based on the registered Sale Deed in favour of each owner. On this basis, you may proceed with the redevelopment plans with the present permitted FSI.