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less uds registered to buyers remaining sold to third party.


24-Sep-2026 (In Property Law)
Hi the builder after completion handed over flats but hold uds little bit which is from buyer later he sold out the left uds to third party now he wants to construct on top floor open space is it legal?
Answers (1)

Answer #1
852 votes
The legality depends on the title documents and the sanctioned building plan. If the open space/terrace is shown as a common area or facility for all apartment owners, the builder cannot subsequently sell or appropriate it and construct another floor merely because it was retained by him. Under the Tamil Nadu Apartment Ownership Act, 2022, an open terrace may be a common or limited common area depending upon the registered declaration. Any additional construction must also have valid planning/building approval. Please verify the sale deed, UDS, declaration, sanctioned plan and builder-buyer agreement before proceeding.
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