Unlike Maharashtra, majority of states including Karnataka have the practice of conveying the entire land including the common area of the project land in the form of UDS (Undivided Share) in favour of the allotees/individual purchasers.
The UDS will be calculated in proportion to the respective built-up area of the Apartment. Therefore, after conveyance of all the apartment units, in favour of the Apartment Owners, the Developer will not be left with any land area/common area to be conveyed to the Association and if any claim made by any bodies/legal entities created in the form of Co-operative Societies or societies or associations without the consent of the Apartment Owners, will amount to land grabbing.
But, in case, if the common area/land area is not included or sold out in the form of UDS by any builder/Developer in favour of the Apartment owners, it has to be transferred in favour of the Apartment Owners (directly or through its collective body). But the same cannot be demanded when the land area is conveyed in the form of UDS in favour of unit owners/purchasers.
April 1, 2025
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