Registration of Independent Flats - Pvt Col & Huda

Yes i do as similar cases exist in Palam Vihar and thats why I am trying to explore why the cut off size was taken at 180 and not say 100 ? I have tried to search several memos available online but to no avail. Additionally, if you read the memo shared by Mr Nair, its gets even more murkier as ONLY HOUSES which are ALREADY BUILT and less than 180 sq yds face this issue. FRESH constructions HAVE NO RESTRICTION LIMIT AT ALL on plot size ? Figure that out !! more  

In sector 57 Gurgaon, Sushant Lok Phase-3, developed by Ansal buildwell Ltd. there are rows of multi storied houses, whose area is more than 179 sq. yds., and slightly less than 180 sq. yds. Imagine their problems? more  

Thank you Mr Nair, I had seen this memo and that is why I was exploring the reason as to selection of 180 sq yds plot size ? Why not 100 sq yd and so many more questions. I guess HUDA or maybe now MCG is the authority to approach for clarifications since MCG takes over HUDA sectors and private colonies from today May 1st. Regards Prabhat Sharma more  

Probably there is problem while downloading.. However the tet is appended below: From Chief Administrator, Haryana Urban Development Authority, Sector-6, Panchkula. To, 1. All the Administrators of HUDA in the State. 2. All the Estate Officers of HUDA in the State. Memo. No. A-PHK-UB-I/2009/6552-83 Dated: 13.03.2009 Subject: Guidelines regarding registration of ‘Independent Floors’. As a follow up to the decisions taken in the meeting held under the Chairmanship of Hon’ble Chief Minister, Haryana on 11.11.2008 regarding registration of ‘Independent Floors’, following guidelines for registration of ‘Independent Floors’ have been formulated and got approved from the Competent Authority:- 1. APPLICABILITY OF FLOOR WISE REGISTRATION: Registration of independent floors shall be allowed in case of residential plots in HUDA Sectors. In case of built up property situated in existing sectors (where owner has applied for/obtained occupation certificate prior to the date of issuance of these guidelines) registration of independent floors shall be allowed only in case of buildings constructed on the plots of 180 Sq. yards or above area. However, in case of vacant plots in old sectors as well as all residential plots in new sectors, there shall be no restriction regarding size of plots that can have multiple owners floor-wise. 2. PARAMETERS FOR FLOOR WISE REGISTRATION OF BUILDINGS: (i) Every building subject to the provisions of HUDA Act 1977, rules and regulations framed there under can have a separate and independent unit on each floor. Each such dwelling unit shall be designated as ‘Independent Floor’. Each ‘Independent Floor’ shall be recognized as a distinct, identifiable property with a separate identification number, to which the owner shall have title alongwith proportionate rights in the declared common areas and common facilities, rights of access, easements and other ownership rights as well as the right to use, transfer or dispose-off the property in accordance with the applicable law and rules. (ii) Owner of each ‘Independent Floor’ shall be entitled to separate utility connections such as water supply and electricity subject to building regulations/rules of Power Utilities. (iii) The basement, if any, allowed in a residential building shall not constitute a separate sub division/floor. The basement shall form a part of the ‘Independent Floor’ at ground level. However, in case owners of different ‘Independent Floors’ in a building intend and agree to use basement as a common area for facilities such as parking or other plant and equipment required for different floors in the building, they may have undivided proportionate rights in the basement. (iv) The garage, servant quarters, store, open spaces etc. constructed at ground floor forming part of the buildings ancillary to the main residential building shall not form a separate sub division and shall form part of the ground floor only. (v) No increase in maximum permissible FAR will be allowed. However, the owner shall have an option to distribute the maximum permissible coverage equally on all the floors. (vi) No sub division of plot and vertical divisions of buildings shall be allowed. (vii) Disputes, if any, shall be limited to the agreement partners and HUDA shall not be a party. No claim shall be leviable against HUDA by any of the parties for non-construction. 3. ELIGIBILITY CRITERIA & OTHER CONDITIONS:- 3.1 Only such owners shall be eligible to transfer the floor-wise ownership of his/her building: i) Who has completed all the three floors as per approved building plans/building bye laws and obtained occupation certificate thereof from the competent authority, OR 2 Who has got approved the building plans for all floors and submits a joint undertaking by the transferee/transferors in the form of an affidavit that they mutually agree to complete construction of their respective floors, as per approved plan, within a reasonable specified period, can be allowed to transfer floor wise ownership rights. This agreed reasonable period shall be clearly mentioned in the re-allotment letter as well conveyance/sale deed. ii) Who has paid full cost of the plot to HUDA, including enhanced compensation, and got the conveyance deed/sale deed, as the case may be, executed & registered, in his/her favour. iii) There are no dues/arrears in respect of his/her plot. iv) That there is no misuse of the site/building. v) That the owners of ‘Independent Floors’ in a building shall make adequate arrangement for parking of their vehicles within their premises and shall not misuse road/public property for parking in any manner what so ever. 3.2 Any two ‘Independent Floors’ can be jointly allowed to be transferred provided the ownership of both the floors is being transferred to one person. 3.3 In case the building is not constructed and floor wise building plans are approved as per clause 3(b), then the transfrees/owners of different floors shall be liable to make the following payments as & when and in the manner demanded by the Authority: i) Enhanced compensation demanded after execution of the conveyance deed/sale deed. ii) Extension fee - to be recovered in the percentage of coverage under his/her ownership or on fixed percentage decided by the transferors/transferees through a joint undertaking in the form of an affidavit. iv) Compounding fee will be paid by the owner of each floor as levied by HUDA. 4. PROCEDURE FOR TRANSFER OF OWNERSHIP OF FLOORS. 4.1 The present owner/allottee shall make an application on the prescribed Performa to the concerned Estate Officer, HUDA for granting permission to transfer the ownership of ‘Independent Floor’. The request shall be accompanied by the following information/documents: i) The area/floor proposed to be transferred alongwith details of Common areas and common facilities duly defined on the prescribed format(s) and further shown and marked on the approved building plan. ii) Administrative Charges of Rs. 10,000/-(Ten thousand only). iii) Original allotment letter. iv) A copy of the approved building plan. v) A copy of the occupation certificate (in case of constructed building). vi) Photographs of the existing building from all corners. 4.2 The Estate Officer shall, if he is satisfied with the completion and correctness of information provided with the declaration and after having the building inspected, if necessary, upon fulfillment of required formalities and payment of fee shall grant permission to transfer the ownership of floor, subject to the following terms and conditions: i) The transferee shall get a sale deed of the respective ‘Independent Floor’ executed /registered in his/her favour with respective Sub-Registrar and shall submit a certified copy thereof with the Estate Officer, HUDA concerned. ii) The Indemnity Bond by the owner/transferor on the Performa No………I.F.-1. iii) An affidavit from the transferee on the Performa No………I.F.-2. iv) To deposit the arrears payable if any. 4.3 The above documentation/formalities shall be completed by the transferor and transferee both within a period of 90 days to be reckoned from the date of issuance of permission to transfer failing which the permission to transfer shall stand withdrawn and the owner shall have to apply afresh. The administrative charges deposited alongwith the earlier request shall stand forfeited. 4.4 Thereafter, on fulfillment of required formalities and documentation by the transferor and transferee, transfer of ownership as an apartment by the Estate Officer HUDA concerned under these rules shall be accorded by way of a fresh letter of allotment in favour of transferee and also in favour of transferor in supercession of the previous letter of allotment. 4.5 Such letter of allotment shall recognize the ownership of the ‘Independent Floor’ as the owner thereof, who shall be liable to comply with all the provisions of the HUDA Act, 1977, rules and regulations framed there under. All the covenants and liabilities contained in the original allotment letter and in the conveyance deed pertaining to building or site, shall be construed to be contained in the subsequent letter of allotment , as the case may be, even though no specific mention may have been made therein. Each ‘Independent Floor’ after it has been transferred as an apartment by the concerned Estate Officer, HUDA shall be sole and exclusive property of the declared owners. Such owners shall be fully and exclusively responsible and liable for complying with all provisions of the HUDA Act 1977, rules & regulations framed there under and covenants of the allotment letter and conveyance deed pertaining to the site or the building, and also to pay the enhancement in compensation, if any awarded by the court(s) in proportion to the percentage of total covered area available for construction on the floor under his ownership. The transferees/owners of all the ‘Independent Floors’ in a building can also pay the amount of enhancement in compensation on fixed percentage basis to be decided by the transferors/transferees through a joint undertaking in the form of an affidavit. 4.6 All these provisions of HUDA Act, rules and regulations framed there under from time to time and covenants shall apply, pari passu, to the apartments and to the owners thereof, as they did and would have, to the site of building and the owners thereof. 5. COMMON AREAS AND COMMON FACALITIES 5.1 Definition: “Common Area and common facilities in relation to a residential building shall include the land covered by the building and all easements rights of access and other similar rights belonging to the land and the building. The common structures such as foundations, columns, beams, supports, main valves, common roofs, corridors, staircase, fire escapes, entrances and exist of the building. Such parking areas, passages, driveways, gardens, storage space, spaces for security, as are required or specified for common use. Installations of common services such as power, light, gas, water, heating, refrigeration, air conditioning, sewerage , elevators, tanks, pumps, ducts and such other common facilities as may be prescribed from time to time. All other parts of the building and land necessary for maintenance, safety and common use.” 5.2 Every declaration for registration of ‘Independent Floors’ of a building shall contain the complete details regarding the common areas and common facilities. These may be used by all the owners and occupiers of the building equally and without hindrance, subject to reasonable restrictions to ensure privacy and common access to all owners and occupiers. 5.3 The owners of each ‘Independent Floor’ shall be entitled to the exclusive use and possession of the ‘Independent Floors’ as declared, and shall be entitled to ownership of such percentage of the un-divided interest in the common areas and common facilities as specified in the declaration. Such percentage shall be computed by taking as basis the value of the sub-division in relation to the value of the building. 5.4 The percentage of the un-divided interest of each ‘Independent Floor’ in the common areas and common facilities shall be a permanent character and shall not be altered without the written consent of all the owners to be obtained and filed before the concerned Estate Officer of HUDA. 5.5 The common areas and common facilities shall remain un-divided and no owner or occupier of any ‘Independent Floor’ or any person shall be entitled to seek a partition or division of any part thereof before the concerned Estate Officer, HUDA or when making changes or amendments to the building, or in any other proceedings before the Chief Administrator, HUDA related to the building, without the written consent of all owners of the building. 5.6 Certain restricted common areas or restricted common facilities may be specified for use of some but not all the ‘Independent Floors’ and the owners and occupiers thereof. A copy each of the following performas is enclosed:- 1. Application for Transfer of ‘Independent Floor’. 2. Indemnity bond by the transferor. 3. Affidavit by the transferee. 4. Re-allotment letter. 5. Schedule-I: Description of each ‘Independent Floor’. 1. Schedule-II: Schedule of Common Areas. 2. Schedule-III: Schedule of Restricted Common Areas. 3. Schedule-IV: Schedule of Common Facilities. 4. Schedule-V: Schedule of Restricted limited Common Facilities. IF-A IF-1 IF-2 IF-RA IF-SI IF-SII IF-SIII IF-SIV IF-SV In the meeting held on 11.11.2008 under the Chairmanship of the Chief Minister, Haryana, it was decided that in addition to the normal Stamp Duty, 1% extra Stamp Duly will be paid by the party desirous of registering the floor wise dwelling units through a separate challan. This 1% Stamp Duly will be paid by the treasury to the Municipal Committee/HUDA depending on where the property in question is located, for defraying the costs of additional external development that the Municipal Body/HUDA will have to incur due to the pressures on the Civic amenities that will arise due to extra persons living on the plotted areas. Accordingly the FCR, Haryana has separately been requested to issue necessary directions to all concerned so that this 1% extra Stamp Duty, in case of registration of ‘Independent Floors’ on the plots/property located in the Urban Estates of HUDA, is paid by the treasury to the concerned Estate Officer of HUDA for the Urban Estate in which the ‘Independent Floor’ is located, on monthly basis. You are requested to take necessary action as per above policy on the requests for transfer/registration of ‘Independent Floors’ and a monthly progress report indicating the applications received, permissions granted and no. of pending applications may be sent to this office by 7th of every month. (R.P.Gupta) Administrator HQs, For Chief Administrator, HUDA, Panchkula. Endst. No. A-PHK-UB-I/2009/ 6584-91 Dated: 13.03.2009 A copy is forwarded to the following for information and necessary action:- 1. The Chief Controller of Finance, HUDA, Panchkula. 2. The Chief Engineer, HUDA, Panchkula. 3. The Chief Engineer-I, HUDA, Panchkula. 4. The Chief Town Planner, HUDA, Panchkula. 5. The Legal Remembrancer, HUDA, Panchkula. 6. The Senior Architect, HUDA, Panchkula. 7. The Enforcement Officer, HUDA, Panchkula. 8. The Dy. ESA, HUDA, Panchkula. (R.P.Gupta) Administrator HQs, For Chief Administrator, HUDA, Panchkula. more  

where is the attachment more