The developer cannot sell the undivided share of the flat system to anyone.
While buying an apartment, Indian home buyers concentrate on flat area but clueless about the actual land ownership - Undivided share of land. The property appreciation depends on the land value (UDS) and not the concrete building.
An Undivided share is a share of land allotted to the flat buyer while purchasing a property and it is registered in the name of the owner. When a home buyer purchases an apartment, he/she is entitled to 2 things: the constructed building and the proportionate share of land, where the whole building is constructed.
The sum of all the undivided shares must be equal to the size of the land in which the apartments are constructed. The more UDS one buys, the better value for money in future. In case of co-operative societies, the UDs will be in the name of the society as the flat owners are the share holders of the society. Otherwise, the flat owners should check their share of UDS in the sales agreement.
The UDS is based on the percentage of the super built up area of the apartment to the total super built-up area of all the flats. For instance, if 4 equally sized apartments of 1000 sq ft were built on one ground of land which measures 2400 sq ft, the UDS will be calculated as below: UDS = Super built-up area of individual flat / Sum of all flats’ built-up area X Total land area UDS = 1000 X 2400 / 4000 UDS of individual flat = 800 sq ft.
Hope the above convinces.