Dual Transfers In Real Estate: Legality Of Separate Sale Of Building And UDS
- IJLLR Journal
- Aug 15
- 1 min read
Satya Swaroopa Rani Maddela, B.A. LL.B. (Hons.), NLU Visakhapatnam
ABSTRACT
With the rapid growth of real estate sector, a unique concept of dual ownership emerged, particularly in relation to apartments and multi-unit buildings. In various instances, the property owners have begun selling the units in the built-up apartments to one individual and the corresponding undivided share of lands to another. The Undivided Share of Land (UDS) refers to the proportionate share of underlying land that is allotted to each apartment in a building. For example, in a 40-unit apartment building, the land below it is notionally divided into 40 equal parts, each corresponding to one such unit. The owner of such apartment or building has absolute right over those units and the area underneath the building. Now arises a question as to whether the owner of the building is entitled to sell the apartment unit and the undivided share of land separately to different individuals? While there is no concrete ruling by the courts as to prohibiting or permitting such transfer, varied approaches have been taken upon this issue. This article seeks to explore the legal validity of dual transfer by examining judicial precedents, statutory provisions and underlying principles of property law in India.
Keywords: Undivided Share of Land (UDS), Apartment Ownership, Immovable Property, Dual Ownership, Transfer of Property, Building and Land Ownership.
