Lawfully yours: By Retired Justice K Chandru| Builder or promoter has no right to sell parking spaces separately from the flat

Legally, in an apartment, what are the documents that will ensure a "specified parking space" for a flat owner? Should the "specified parking space" for a flat be mentioned in the sale deed? Should it be mentioned in the undivided share? Is the parking space mentioned in the construction agreement valid? Under what provisions of law is the parking space of a flat owner ensured legally in an apartment?

— P Viswanathan, Chitlapakkam, Chennai

The builder/promoter has no right to appropriate the car park space. The decision of the Supreme Court is clear — developers cannot sell parking spaces separately from the flat. However, the allotment of parking space is only an arrangement that is largely accepted by the purchasers at the time of the builder agreement or at the time of allotment of flats. At the maximum, they can collect the maintenance charges until the flat maintenance is handed over to the Residents' Welfare Association. You are only the owner of the UDS share and the constructed flat, and not the car park, if it is not in your basement. The open car park arrangement is only a permissible occupation. Even the RWA cannot interfere with a basement/ ground-floor constructed car park.

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Buyer's right to challenge initial, 'arbitrary' UDS can be impacted by the passage of time

We live in an old building constructed in the mid-1980s, with flat sizes of 1,243 sq ft, 714 sq ft, and 614 sq ft each on three floors (9 flats) and an outhouse of 350 sq ft. Our flat is 1,243 sq ft. The builder had conveyed an equal undivided share (UDS) of 10% to each of the flats, also mentioning the plinth area of the flat proposed to be constructed in the registered deed, and 5% to the outhouse, thereby retaining 5%. Since the original division (UDS) is not based on the proportionate area of the flat, at least four of the smaller flats are now demanding equal built-up area in the redevelopment.

I understand that many buildings constructed in the mid-1980s have followed this kind of random UDS allotment.

For such an erroneous calculation of UDS, is there any respite at all? Looking forward to your guidance on this tricky interpretation.

-- Nagalakshmi

Normally, the UDS is the determining factor for the redevelopment of a flat. Earlier, redevelopment projects were outright blocked even if one person objected. Now the government has modified it to a vote by a majority.

But after purchase and enjoyment over the years, the question of arbitrary allotment of UDS space cannot be reopened. However, you ensure that you do not lose out on the constructed space at the time of redevelopment.