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Basic Concepts

Carpet Area is the effective area available for use within an apartment, excluding the area occupied by the walls. It is measured from wall to wall within the apartment.

Built-up area / Plinth Area is the entire area occupied by the apartment, including the area occupied by the internal and external walls of the apartment. It is usually 10% to 20% more than the Carpet Area.

Super Built-up Area is the Built-up Area plus the proportional share of the common areas like corridors, lift wells, staircase, community halls, security/servant quarters, etc.

Undivided Share is the part of the land which is associated to an individual apartment and registered in the name of the apartment's owner. This share of land has no specific boundaries within the total extent of the land on which the apartment is built. Each and every flat in the apartment complex will have an associated UDS. The sum of all the UDS will be equal to the total land area of the apartment.



Formula:
UDS = Individual Apartment's super built-up area

Sum of all Apartments' super built-up area
x Total Land Area


Example:

If the total plot size is one ground (2400sq.ft.) and there are four apartments of different sizes, say 700 sqft, 800 sqft, 900 sqft and 1000 sqft, then the UDS of each apartment would be.

UDS 1 = 700

(700 + 800 + 900 + 1000)
x 2400
UDS 1 = (700 / 3400) x 2400 = 494.117 sqft
UDS 2 = (800 / 3400) x 2400 = 564.705 sqft
UDS 3 = (900 / 3400) x 2400 = 635.294 sqft
UDS 4 = (1000 / 3400) x 2400 = 705.882 sqft

When a buyer decides to purchase a land, one of the main documents to check is patta. This document is a proof of ownership as found in the revenue records of the Government. Even though Patta is not offered for apartments and houses, the land which was used to construct the building must have a valid Patta. Patta also describes whether the owner has paid the taxes or not.

Patta is a proof of ownership and it does not provide the exact details of the land. The buyer has to go to the VAO’s office and furnish a copy of the updated 'A' Register (with the buyer's name updated) and get the latest copy of the Chitta and Adangal. These copies describes details of the tenants who cultivated the land.

The chitta contains the following:

  • Owner’s name and Patta number
  • Survey number with subdivision
  • Village, Taluk & District

The Adangal records contain information such as

  • Survey number, wise holdings & extent of field
  • Duration of tenancy
  • Details of 1st & 2nd crop
  • Month and date of harvest
  • Approximate yield of crops
  • State on ground particulars

Encumbrance Certificate describes whether that the property is free from any monetary and legal liabilities or not. E.C is an assurance that the property is clear of any legal dues. The EC will list all transactions involving the land till date which includes loans, collateral or legal issues. E.C. is applied at the sub register office for a period of 15-20yrs.

Sale deed is a legal document that contains transfer of property ownership from a seller to a buyer. This is one of the most valuable legal documents while purchasing or selling a property. This document needs to be registered mandatorily.

Some of the details included in a sale deed are listed below:

Includes:
  • Full names & Residential addresses of the buyer and the seller
  • Plot / survey no. Exact location and address ,Total area of the property
  • Date , place of execution of the agreement and Total amount to be paid for the property
  • Mode & Time of payment, Date of possession of the property
  • Date on which the seller would provide the original property related documents to the buyer
  • Declaration by the seller that the property is not subject to any government acquisition and property is free from any liabilities such as lease, mortgage, or charge on the property.

The sale deed should be registered at a sub-registrar’s office in the presence of the seller, buyer, and witnesses. If a buyer or seller is unable to be present due to unavoidable circumstances, a person nominated by him/her, empowered with power of attorney, can execute the sale deed.

Parent Documents is an important document that traces the origin ownership of the property from the start (if the property has had various owners). It is a document that helps in the further sale of the property, thereby establishing the new ownership. In case of absence of the original parent docs, certified copies should be obtained from the registering authorities. It includes the change in ownership of the property, be it through sale, partition, gift or inheritance.

Title deed is a legal document that can also be used to transfer the ownership of a property from one person to another in instances such as a gift, exchange, mortgage, etc. A title deed is useful when a person does not want to sell a property, but may want to add another person to the title. A title deed generally includes a description of the property that is being sold and the name of the person who legally owns the property. It can also have names of multiple owners.

Torence plan is a detailed plan of the property prepared by a licensed surveyor that will have accurate details of the measurements including width, length, borders etc. This plan is needed only in some specific areas.

Completion certification is required only for a newly constructed building to ensure the supply of basic amenities, such as water, electricity and drainage system. Electricity connection cannot be provided to a building without a completion certificate from CMDA or from corporation. This is applicable only for special buildings and multi storey buildings and not for ordinary buildings.

The completion certificate also ensures that the builder has constructed the building as per the approved building plan and no violations are made. Only after obtaining the completion certificate, the builder can hand over the possession of the house to the buyer.

Power of attorney (P.O.A.) is issued in substitute of the owner, where he could not maintain the property for certain purposes. If the property has more than one owner the power of attorney should be issued by all the owners and incase any of the owner is dead the power is cancelled.

Conditions of Power of Attorney

  • P.O.A. is not valid if the owner is dead , then the property belongs to the owner’s wife and his legal heirs
  • P.O.A is not valid if it is not registered or if the validity date is over.
  • P.O.A gets expired if the power agent is dead, then the property belongs to the owner’s wife or his legal heirs but not to the power agent legal heirs.
  • P.O.A. gets expired when the property owner cancels the power.
  • Before purchasing a property, check whether the power agent has all the rights to sell the property and also check whether the P.O.A is valid till date.

The Field Measurement Book (FMB) sketch can be very useful to avoid boundary and border disputes. If the marker stones are not present for a plot, it is always advisable to spend a small fee to get the markers placed by a surveyor. FMB sketch contains name of street, survey no. , village details and type of land (wet or dry land).This simple process can avoid legal hassles.

  • Check all legal documents with a lawyer before buying any property.
  • Patta is issued only for lands and not for individual apartments.
  • Always check the A-Register available in the VAO office before buying any property.
  • All details furnished here are related to Tamil Nadu only and are subject to change based on government norms.
  • All the information given above is only advisory and not liable for any legal commitment.

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