Development agreement is an understanding between 2 person to do some act in accordance with the terms of agreement.

Development agreement in normal case would be for a undeveloped land wherein the land owner offers the land and the builder develops the land into plots or apartments by constructing a building on the property.

Make sure the development agreement is registered and its okey to have sharing agreement.

1) joint development agreement can be entered into between landowner and builder

2) then apply to municipal corporation and obtain sanction of building plans

3) after commencement certificate is issued carry on construction as per sanctioned plans

4)supplementary sharing agreement should be duly stamped and registered to avoid legal complications

File an application for injunction against the illegal act before the court concerned

According to section 54 of the Transfer of Property Act, any right, title or interest in an immovable property can be transferred only by way of a registered instrument/agreement. Hence, the flat sharing supplementary agreement ought to have been duly stamped and registered.

Hello,

It is not advise to enter into a development agreement without a sanctioned law out plan.

The same might cause you trouble in future.

It is advised to get the lay out plan sanctioned and then enter upon a joint development agreement.

Let me know if there is some factual inconsistency in my advise.

Regards

You can approach the high court under the writ of mandamus after giving the representation in the municipal authorities.

And get that construction demolished.

To enter into a development agreement betyween a developer and the landowner no prior permission of local authroty is required.

Only beofre raising permanent construction the sanction of a duly approved building plan by the local Municipality is required.

The development agreement needs to eb registered though in absence of its the validity of the same remain unchanged.

The permission from the local body is a must to establish that the building is as per the norms. If not done, it may lead to demolition in future.

Dear Client,

Any building agreement with above 8 flats or over 500 sqmtrs area required to be registered with RERA.

And such construction is illegal without confirmation of lay out plan from Municipality.

,

Hi, the validity shall be determined by court after looking into merits of case..it is advisable to file suit for permanent injuction

1) their both agreement is valid, but further they are constructing any building without layout permission from municipal that construction is illegal.

1. The landlord and builder/developer are free to execute a JD agreement on the terms they agree upon. To execute the agreement they do not require any permission from any authority.

2. However, before the commencement of any construction on the land the building plan has to be got sanctioned from the competent authority.

3. The JD agreement does not require mandatory registration, but it should nonetheless be registered. Even an unregistered JD agreement can be exhibited.

They can enter but permission is mandatory from municipal authorities. It will be an illegal document not admissible in law. You don't need judgement when there is clear provision of law.

Any construction carried out without obtaining layout permission is invalid and illegal in law.

However since it is only an agreement between both there can be no illegality in it.

They may get the approval subsequently also.