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Joint owner of a property: Who owns the cancelled UDS?

Nitin Narkhede |63 Answers |Ask -Follow

MF, PF Expert - Answered on Jan 21, 2025

Nitin Narkhede, founder of the Prosperity Lifestyle Hub, is a certified financial advisor with eight years of experience in helping clients design and implement comprehensive financial life plans.
As a mentor, Nitin has trained over 1,000 individuals, many of whom have seen remarkable financial transformations.
Nitin holds various certifications including the Association Of Mutual Funds in India (AMFI), the Insurance Regulatory and Development Authority and accreditations from several insurance and mutual fund aggregators.
He is a mechanical engineer from the J T Mahajan College, Jalgaon, with 34 years of experience of working with MNCs like Skoda Auto India, Volkswagen India and ThyssenKrupp Electrical Steel India.... more

Question by G on Dec 08, 2024Hindi

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Myself and my sister as joint owner of a property enteredvinto joint development agreementvwith a builder for construction of 8 flats in 4800 sq. Ft land. 2400 sq. Ft was retained for us with 4 flats constructed by builder to be given free of cost and 2400 sq. Ft UDS sold to builder thro PGPA for him to sell 4 flats. After selling 3 flats with 1800 sq. ft UDS by builder, we cancelled GPA and registered with SRO for retaing 600 Sq. ft UDS for our use with the consent agreeing to pay compensation for this cancel of GPA. Now I want clarification as to the ownership of the above said cancelled UDS of 600 Sq. ft as Joint owner or myself as per Joint developement agreement with a rider that myself will take possessionof 600 UDS by cancelling GPA later with builder and paying compensation st the mutually ahreed price. Builder says that myself is the owner for the cancelled 600 Sq. ft retained. I want to know whether I hv to register settlement deed for partingvwith 600 Sq. ft UDS by my sister or the statement of builder as myself will be the owner for 600 UDS regisyeted by cancelling GPA signed by the builder and both of us. Pl. Clarify.

Ans: Dear G,
The ownership of the 600 sq. ft. UDS (Undivided Share of Land) depends on the terms of the Joint Development Agreement (JDA) and the GPA cancellation deed. As per the JDA, the builder agreed to transfer the 600 sq. ft. UDS to you after GPA cancellation in return for compensation. If the GPA cancellation deed and subsequent agreements clearly state that this UDS belongs solely to you and these are registered with the Sub-Registrar’s Office (SRO), you are the legal owner. However, if your sister’s name still appears as a co-owner in the original title deed, you will need her to execute a **Settlement Deed** or **Gift Deed** in your favor, which must be registered to confirm your sole ownership and avoid disputes. The builder’s statement that you are the owner is valid only if it aligns with the registered documents. To confirm ownership, verify the SRO records to ensure the transfer has been legally recorded. If any gaps exist, consult a property lawyer to review the JDA, GPA cancellation deed, and builder’s agreement to ensure proper registration of ownership and resolve any ambiguity. This will safeguard your rights and provide clarity regarding the 600 sq. ft. UDS.
Regards, Nitin Narkhede -Founder Prosperity Lifestyle Hub,
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