Does the developer/builder own the land where the apartments situate

06-May-2023 (In Property Law)
I own an apartment in Ernakulam (1 among 96 flats , 4 Blocks- 24 flats in each block). When we occupied, our apartment and everything was free from any kind of encumberance and legal cases (we bought in on 2008). However, later the builder happens to engage in fraud and many cases were filed against the builder from different parts of the state (Kerala). When we pay land tax now, there is a remark, mentioning there are cases against the said thandaper (rent roll, the document number of the land). The village officer said that the land is owned by the builder and thus any attachment cases against the builder will also affect our land, where our flat/apartment complex is situated. We checked the past 30 years encumberance for our property and it is totally clean. Who is true owner of the land? Do we only have undivided share or ownership also?
Answers (1)

Answer #1
937 votes
When one person has purchased one's apartment in a multi-unit building, the apartment owner has two interests in land: the exclusive possession of the apartment itself, and an attached covenant that grants the apartment owner certain access to the building and grounds in exchange for a promise from the building owner that the owner will maintain the building and grounds. That is ; when you buy an apartment, you are technically buying two things. The first component is the constructed part of the building where the owners will actually reside, while the second is a proportionate share of the land on which the property is built.

In case of Condominium, even one person who owns the entire building can form a Condominium provided there are at least five Apartments in the building. In the case of a Condominium, the title of each Apartment rests with the Apartment owner, who also has a proportionate undivided interest in the land on which the building stands the common areas and facilities of the building.
The sum of all the undivided shares for each apartment owner must be proportionate to the area of the land in which the apartment has been constructed. undivided shares can be calculated by multiplying the total land area with the size of the individual apartment and dividing the result by the total area of all apartments in the project.

So peruse the sale deed first. There is usually a dedicated section in the agreement that gives the details regarding the undivided shares, which is often mentioned in either percentage terms
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at and has been responded by one of the Divorce Lawyers at to address the specific facts and details.

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