• Owner-builder agreement

I am a builder having verbal agreement with land owner to develop his land as a commercial complex in UP, what kind of agreement with land owner shall be executed to construct, sell or lease the portions of said complex and receive money from intending purchasers and bank finance for the sold properties in the project. What is the applicable stamp duty for a registered document or what other document can work instead of that to avoid stamp duty for registration.
Asked 8 years ago in Property Law
Religion: Sikh

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15 Answers

You will have to enter into a Joint Development Agreement. This is an arrangement between an owner of the land and a builder where the land owner contributes the land and the developer undertakes the responsibility of obtaining approvals, property development, launching and marketing the project with the help of his financial resources.

It is an agreement between two people and therefore it is advised to register the same, in order to sabe stamp duty you can rename the deed as profit sharing lease agreement but in that case you will have to either give a plot or share some profit with the owner of the land.

The above advise has been given in light of limited facts provided and with a view that land is just being taken for the purpose of development.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1) you should enter into development agreement with landlowner to develop his land in UP. agreement should be registered

2) further land owner should execute registered POA in your favour to apply for and obtain sanction from muncipal corporation of building plans , to obtain necessary permissions , to sell the offices in commercial complex

3) stamp duty is state subject and varies from state to state

Ajay Sethi
Advocate, Mumbai
99836 Answers
8148 Consultations

1.First execute and fregister a Jpint Development Ageement contaning all necessary terms and agreement.

2.Generally in such agreement the parties settle on mutual allocation of properties to be constructed.

3.Once that is done make a registered POA from the owner for making you enable to enter into agreement or other transfer deeds alongs with carrying out necessary constructions works.

4.Since stamp duty differs in every state for this get in touch with local lawyer or registration office staff.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

1. A verbal agreement is no agreement as it cannot be proved.

2. Execute a Joint Venture Agreement with the builder.

3. The JV agreement does not require mandatory registration, but if you choose to register it then registration charges have to be paid.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Hi, you can enter in to collaboration agreement with the owner of the land .. The agreement shall include all the clauses to develop, sell , lease and mortgage the property and other conditions that you may both agree upon .. It will be a registerd agreement , no stamp duty is paid on the agreement

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Sir,

Verbal agreement does not work here.

Make a partnership agreement with owner and get POA to obtain permissions from various government bodies and to get finance from bankers.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

It is in your interest to pay stamp duty as register your development agreement t

2) you can enter into into joint venture with the landowner if you so desire

Ajay Sethi
Advocate, Mumbai
99836 Answers
8148 Consultations

Collaboration will be the best form of agreement for you which can be entered between you two in the form of MOU.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Both have same authenticity .. The legal rights are a matter of drafting .. Any conditions mutually agreed can be added in the agreement ..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

You can enter into a joint venture agreement with the land owner for development of his land into flats and also for selling them on his behalf on the terms that may be mutually agreed between you both.

This joint venture agreement with the terms and conditions mutually agreed to be reduced to writing and get it registered before the concerned registrar's office.

If you are in doubt about the conditions that are to be incorporated you may take the help of a local advocate who is expertise in this field.

T Kalaiselvan
Advocate, Vellore
90038 Answers
2498 Consultations

I am a builder, which agreement holds better legal value, JV or Collaboration? As I am aware that heavy stamp duty is there to execute registered agreement. kindly suggest me the best way to execute the agreement securing all legal rights of owner, builder and buyers as well. I want to avoid or minimise stamp duty.

It is advisable that you enter into a registered joint venture agreement with the land owner to develop the land into flats and also get a POA executed in your favor to sell the flats on his behalf .

This will minimise the stamp duty expenses

T Kalaiselvan
Advocate, Vellore
90038 Answers
2498 Consultations

1. JV Agreement.

2. As I said before, neither JV nor collaboration agreement is required to be registered mandatorily.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. The Joint venture agreement and the stamp duty for registration of the same shall be enquired from the local stamp vendor or a document writer who will give a correct and clear picture.

2. The JV/MOU being a registered document, it is enforceable in law and can be admitted as documentary evidence if a dispute is referred before any court in this regard.

3. It depends on the conditions that have been agreed upon in the JV/MOU

T Kalaiselvan
Advocate, Vellore
90038 Answers
2498 Consultations

1) stamp duty is state subject and varies from state to state

2) JV/MOU is binding upon parties

3) on basis of registered POA executed by landowner builder can execute sale deed in favour of flat purchasers

4) banks would provide finance to builder for carrying on construction in the property . Flat purchases can obtain loan for purchase of flats on basis of agreement with builder

Ajay Sethi
Advocate, Mumbai
99836 Answers
8148 Consultations

JV/ MOU can be signed on a Rs, 100 stamp also (unregistered), if you want that the JV/ MOU gets registered then the registrar office will tell you the stamp duty after calculating the same w.r.t to the details in the JV/ MOU. However, usually it comes around to Rs. 750 only.

Yes JV and MOU are accepted by the courts in case of any dispute.

Yes builder is authorized to accept the payments.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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