Partition deed must contain a clause regarding undivided share in land 

since bank is granting you a loan it can insist on such a clause before granting loan 

- As per rule , if a property divide , then each person will have  two right to claim over the property i..e First is the constructed part of the building where that person after becoming owner will actually reside, and the second is a proportionate share of the land on which the property is built, and this share of land allotted to the flat buyer is known as an undivided land share or UDS.

- Further, the value of the said flat/property is depend on the UDS, and constructed area i.e. Land rate will increase and not the value of the constructed flats rate. 

- Further, if a flat owner has no undivided land share, then he may not be able to sell the property or to get a good amount at the time of selling of that flat in future. 

- Further, the sum of all the undivided shares for each flat owner must be proportionate to the area of the land in which the apartment has been constructed.

- Hence, the details of the undivided share of land. must be mentioned in the agreement/deed , and that is the reason the bank has such requirement for the sanction of fund. 

- If the person who got first floor , then you can enter into an agreement with him after mentioning the details of UDS , and submit the same to the bank. 

Dear Sir/Ma'am

yes, you need to put the Undivided Share of Land clause in the partition deed if the Bank is asking you to. It will help you to resolve disputes regarding the newly constructed property in the near future. It will help you get a good amount for the property if you at anytime consider selling the property in the future. 

Hence, it is advisable to add the said clause to the deed. Thank You

Hello,

1. Undivided share is a part of land held by the buyer of the apartment in a residential complex on a plot on which the entire structure is constructed. Each and every flat built on that particular plot will have a share in the land but will not have any defined boundaries. Price appreciation of a property is due to the increase in land value only, as the constructed structure loses its value over time due to depreciation.
2. The cost of an apartment usually has two major components – cost of the structure and cost of the land. The cost of land is the price of the undivided share of land in the building. After several years, when the building undergoes redevelopment or the government acquires it and brings it down, the property owners will get compensation on the basis of their undivided share of land (USL), which they have on their name. This is the significance of USL.
3. It applies to both apartments as well as family homes.

Whether it is an apartment or the individual building, if it is comprised of two floors, then there shall be common areas viz., staircase, common pathway, and other open areas appurtenant to the building belonging commonly to both the shareholders. 

This common areas are known as UDS or USL, known by whatever terms it is mentioned in the local.

The bank is right in demanding the said clause in the partition deed because without having legal permission to use the common area or having a right over the undivided share in the property, the structure alone cannot become your property, especially when the property is taken up for redevelopment, without a mention about the UDS, you may not be entitled to your rightful share in it. 

Whether it is difficult to get a rectification deed at this stage or not, it becomes an essential requirement hence you may try to get a rectification deed executed if at all you want to secure your future interests in the property.  

Noc may be required from other heirs. But if the same is partitioned in your name then bank should don't have any issue

In any multistoried  building all shareholder will have  usl. Suppose there is four storied building on 100 square meter with 4 share holder each will have 25 square meter usl even if there is no such mention in partition  deed. That is the presumption of law. Bank is unnecessarily creating complications.  Try your luck with other bank.

It is applicable for family building also 

get fresh deed of partition executed between family members providing for UDS in land 

you can take legal proceedings if you so desire 

The undivided share in the land is very much essential because that is the only thing which gives value to your property in future. 

The land over which the building is constructed into two floors belong to both the share holders, hence there is no legal infirmity in bank insisting about the mention of the share of land beneath the structure to the owners of each floor. 

As a matter of fact there should be a mention about the common areas too including the terrace rights.

If your father is not having terrace rights then he cannot permit you to construct another floor over the existing terrace.

If your father do not own terrace exclusively then the bank may again put the same question and may reject sanction of loan for this reason.

Therefore a registered rectification deed to rectify the errors done in the past would provide solution to this problem.

If the parties to this registered partition deed are not cooperating then you may issue a legal notice subsequent to which you can file a suit for specific relief.

dear sir/ma'am,

yes, you can take legal action against them.

the points which will be the facts in issue will require to be proved.