UDS will not be mentioned coz you are not entitled for that as the floor in which  you buying is not sanctioned and illegal hence he cannot mention UDS in the sale deed. Not proper to proceed with the deal. For further clarification you may contact me through Pathlegal. Hit the like button if the advice is useful to you.   

It is sufficient to protect your interests 

Builder shall form association of allottees and execute conveyance deed in its favour . The land would be conveyed in favour of association 

Hello Sir/Madam

How are you. Hope everything is well by the grace of a kind-hearted god. Greeting to you. I have gone through the contents of your query. It is to bring your kind notice that in India the builder lobby and other developer excuses to mention about foreign currency in their contract, the reason being, they have to show the same in their books of account and also in the ledger book, therefore, they avoid the same to save their tax. I m not aware that whether you are NRI or only Indian National. In fact, the govt. of India made many provisions and benefits to the NRI who invest the money in foreign currency in India. On the other hand, the private builder avoiding the same due to their Income tax liabilty. 

It is advised to you do better execute the agreement to sell in respect of the said portion of Commercial property in your name after transferred the amount in your bank which is situated in India and make the payment to them directly from the said very account, irrespective of the facts whether they are interested or not to mention Para-clause as you wish and desire, the same will not affect your agreement in any manner. As Such the law of contract 1972 wholly governed by the Contract act in India. Once the valid and legal contract has been executed between you and the promoter then they are bound to comply the same.

Para 2 of your question nothing but an only specific condition which only shown the specification of commercial allotment as well ad share contained in your registered conveyance deed.

REGARDS

G.L.SONI

ADVOCATE

Dear Sir/ Madam

An undivided share in common property could be a share of land assigned to the flat purchaser, whereas buying a property and it's registered within the name of the owner. Once a vendee purchases associate housing, he/she is entitled to two things: the created building and also the proportionate share of land, wherever the entire building is made. The value appreciation of the property is that the actual appreciation of the land and not the building, that the property value depends on the undivided share in the common property.

Importance of the UDS while selling a property: In real estate, while the land on which the building is built appreciates, the building itself depreciates in value. Thus, when you try to sell your property, a smart buyer or investor would definitely look for the UDS. As UDS is a ratio depending on how many flats there are and how much land the complex sits on, yours could be very low

When you purchase an apartment, a certain value of the land will be allocated in your name. This is known as ‘undivided land share’. Let us take a look at this important aspect of real estate, its significance, and legal importance.

When you buy an apartment, you are technically buying two things. The first component is the constructed part of the building where the owners will actually reside, while the second is a proportionate share of the land on which the property is built. The latter share of land allotted to the flat buyer is known as an undivided land share or UDS.

While paying an advance for any property, make sure the builder or the seller provides you with the agreement copy. The agreement copy between the builder and the seller holds all the important details of the property in question including the details of the undivided share of land.

There is usually a dedicated section in the agreement that gives the details regarding the UDS share, which is often mentioned in either percentage terms (for example 0.75%) or in exact square feet terms. Make sure the agreement clearly mentions your undivided share in the land. The same figure should be mentioned in the title deed when the registration is done.

The builder should not be allowed to register the association in the societies registration act.

The agreement for sale executed  between the builder and the seller contain  all the important details of the property in question including the details of the undivided share of land.

There is usually a dedicated section in the agreement that gives the details regarding the UDS share, which is often mentioned in either percentage terms (for example 0.75%) or in exact square feet terms. Make sure the agreement clearly mentions your undivided share in the land. The same figure should be mentioned in the title deed when the registration is done.

What is the difference  between the commercial space or the residential space especially when it comes to redevelopment t a later stage. 

It was explained that by UDS a certain value of the land will be allocated in your name.

Please be aware that it is necessary to check the undivided share (UDS) which will determine the value of the property.

What is UDS? An Undivided share is a share of land allotted to the buyer while purchasing a property and it is registered in the name of the owner.

in respect of development of a large building or apartment complex, the proposed allottee, who envisages to acquire the apartment enters into an agreement of sale of UDS of land with the holder (vendor) of the land and a separate construction agreement with the builder/developer contractor for construction of apartment. Both these agreements are registered as per relevant provisions of law.

Buyers of apartment flats, as a matter of fact, do not buy a structure alone ─ they also buy a part of the land upon which that structure stands as a part of the deal.

This ownership over land is known as a homebuyer’s undivided share in the land (USL).

Now, this is precisely why the value of such a property i.e. an apartment unit increases with time, despite the fact the structure gets old day by day and its condition deteriorates by and by.

The legality of a housing project also depends on whether UDS is in compliance with the FSI (floor space index) permitted to the developer

. A look at your undivided share in land and such detail would reveal the illegality of a structure.  

In case you are taking a home loan, the bank will look for the UDS while granting you credit.

In case you are buying a property in resale, they will check for the share certificate from your housing society along with other documents to process your request for a home loan.

At the time of property registration, too, the sub-registrar would check the share certificate. 

The property/home loan insurer would go for a similar exercise.

At the time of property registration, the buyer has to pay the stamp duty for both, the UDS and the structure. In some states such as Karnataka and Tamil Nadu, for instance, buyers of under-construction properties have to pay the stamp duty in two tranches.

First, the property is registered in the name of the buyer, keeping in mind his UDS, referred to as “first ownership”. When the entire structure is complete, the property is registered for the second time, and this time the duty is calculated for the entire property value. Showing a lower UDS in property papers would thus mean lower stamp duty outgo.

the KSRA, most apartment owners also get confused with the Karnataka Ownership Flats Act (KOFA). Promotion, construction, sale, management and transfer of the apartment only.

On the other hand, KAOA was passed to help make apartments heritable, transferable and mortgageable as also to address the management of the property.

• The homeowner under the KAOA is the absolute owner with a clear title of the apartment and its proportional undivided share (UDS).

This is applicable to the commercial properties under the apartment complex