Is it necessary to get a UDS registered while buying a flat

23-Apr-2023 (In Property Law)
Religion-Hindu We have bought a 2bhk flat in delhi.The building has 8 flats(1bhk and 2bhk on each floor) and 2 shops in ground is not in a society.we have paid the advance amount and final payment and registration is yet to be done.But in sale agreement we have ownership of flat only and not UDS.So what rights do we have on land in case building collapse or building need to rebuilt after many years because we are not planning to resell the flat.Can we ask for UDS at the time of registration since it is not mentioned in advance payment agreement
Answers (1)

Answer #1
989 votes
LOOK Section 18 of Delhi Apartment Ownership Act, 1986. As per Section 18 of Delhi Apartment Ownership Act, the action may be brought by the Board or Manager, in either case in the discretion of the Board on behalf of two or more of the apartment owners as their respective interest may appear, with respect of any cause of action relating to the common areas and facilities or more than one apartment.
common facilities and area" as defined U/s 3(j)(ii) does not ipso facto confirms right, title or interest over the roof/terrace. It only explains the meaning of the terms. He had further contended that even if it is taken that the term 'roof' is included in the 'common area and facilities' it does not convey the meaning that there cannot be any further addition of floor on the existing roof. He contends that even if a floor comes into existence on the existing roof, the roof of the new floor will become the common area, if at all it is considered so and therefore defendant no. 1 to 6 cannot be said to have no right to sell the terrace to the defendant no. 7 and 8. He had further drawn attention of the court to Section 3(q) of the Act where the expression "limited common areas and facilities" have been defined to mean "those common areas and facilities which are designated in writing by the promoter before the allotment, sell or other transfers of any apartment as reserved for use of certain apartment or apartments to the exclusion of other apartments", to contend that the Act gives power to the promoter or builder to reserve certain areas exclusively for certain apartment or to the exclusion of other apartments. He further contended that if certain area or facilities could be reserved for one apartment or other apartments to the exclusion of all other apartment, why such area and faculties cannot be reserved for itself. He contended that the clause 18 of the allotment letter whereby builder/promoter has reserved unto itself Suit No. 181/2016 B­40 Greater Kailash Apartment Owner Association & Ors vs. Bhatia Apartments & Ors. Page No. 19 of 30 the terrace right, is perfectly legal even in accordance with the provisions of Delhi Apartment Ownership Act, 1986.

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