What is “Undivided Share in Land” and why it should be mentioned in your agreement ?
You bought your “Dream Home” and you are on top of the world. The joy and pride
you have after buying your home is amazing. The property is at a great location and
the prices are appreciating, and you feel you are the Hero ! . Now you want to
sell your flat for some reason and you are more than confident that you will get a
the buyer and the deal will take just a few weeks and you will be bathing in cash from
top to down.
Prospective buyers have started meeting you and they want to buy the property, but
they are all rejecting it. They are “informed investors” who take care of every
single detail and they ask you that killer question -
“Everything is fine, but where is your undivided share of land (UDS) in
Agreement?”You are wondering what's going on, quite amazed only to realize later
that you were only sold the building which is depreciating each moment, but “LAND”
, which is the real thing is not owned by you.
You are SCAMED or FOOLED ! Or both ! . Let me introduce to the term “Undivided
Share of Land” or UDS as its called generally in real estate world and why you
Can't ignore this at any cost while purchasing properties.
What is Undivided Share of Land (UDS) ?I will keep it short and simple. Undivided
Share of Land is the share of land owned by you when you purchase the property.
Basically when you buy a flat or apartment, you are buying two things
1. The constructed building – where you actually reside
2. The proportionate share of the land, where the whole property is built
The Price Appreciation in real estate actually is the appreciation in land prices,
Because technically the building will depreciate over time. It's not that cement and
concrete structure which is the prime thing, but the land. Have you ever thought
what will happen if there is an Earthquake and the building collapses ? What is in the
future, the govt wants to acquire the land for some national project and wants to
give compensation to you ?
Leave all that, imagine in the future your building after many years needs to be
Redeveloped and a new construction have to happen. At that time, the amount of land
you own will matter. Note that in case of co-operative societies, the Undivided
Share of Land might be in the name of society and not on the home owner name,
because they are share holder in the society, which is fine.
The sum of all the flat owners UDS has to be equal to the property land size. You
should also know that the undivided share of land will be proportionate to your
Example 1 – If there is land measuring 1,000 sq and there are 10 flats or equal
size is constructed on that land, then each owner will have 10% of the land as
Example 2 – Lets say there is a big township where 100 units of 2 BHK flats of
1,000 sq ft and 50 units of 3 BHK measuring 1,500 sq ft . Then the total constructed
area is (100 units * 1000 sq ft) + (50 * 2000 sq ft) = 2,00,000 sq ft . Anyone who
owns a 1,000 sq ft flat will have 0.5% share in the total land (Because 1000 is
0.5% of 2,00,000) and anyone who owns a 2,000 sq ft flat (3 bhk) will have 1% UDS .
There has been cases where the builder has allocated less undivided share to flat
owners and kept some part of himself and the original land owner (a lot of times,
Builder buys the land from someone else). Here is one such example
Current apartment which I am staying is 10 years old apartment. Building having
total 24 flats. Whereas builder made total 26 undivided share. Other than 24 flat
Owners one share for builder and one share for Land owner. In the share of builder
and Land owner they constructed few shops in building cellar. SOURCE
Important Point – The above example is for apartment system . If its a Co-
Operative society, then the land share is equal for each member, irrespective of
their property size.
What to check in the Agreement ?When you buy the property, your builder will give you a date when you have to come to the registration office and all the agreement work will be done. Most of the times, builders are reluctant to show you the agreement copy. But they will be ready to share someone else agreement copy at their office or at the main site.
Just have a look at that agreement which is like a specimen or the format, on some
of the page, you will see “Details of Undivided Share of Land” and it will be
mentioned in percentage terms like “0.45%” or exact area in sq ft terms. Just read
the whole thing carefully.
Then when the actual agreement has to take place, you can then read the agreement
in detail and make sure you look after this point in your agreement copy. A small
tip here is that when builder calls you for registration, tell him you would like
to come before 1 hour from the scheduled time and have a detailed look at the
the agreement, if possible also gets a lawyer with you and have him look at the
So did you check your agreement copy and see how much Undivided share of land you own ?