It is not valid in the eye of law. File a suit for declaration, injunction & recovery of khas possession by C

1)the joint development agreement between builder and the landowner should be registered in sub-registrar office.in such a case neither builder nor landowner can dispute the terms and conditions of the registered JDA.

2)object to admissibility of supplementary sharing agreement as it is not registered . it provides for allocation of flats between land owner and builder

"A and "B" illegally grabbed the "C" property, there after "A" and "B" obtained Lay out Plan on dt.12-7-2005 ,whether such a unregistered sharing supplementary agreement dt.30-6-2005 is valid in eye of law or not As it is an illegally obtained property, it does not have legal sanctity.

such document can be marked in evidence as exibit - It can be marked, provided the other side does not oppose marking the document citing fraud.

The legal parts of the agreement are valid and enforceable in the law.

A and B may enter into an agreement to develop the land and only after the agreement they may proceed for the necessary approvals for the land.

The land is the essential component to go ahead for application of necessary approvals related to development.

The property C which is illegally captured is a matter of civil dispute of title and some approvals of development may be obtained merely by false details submission in the particular department.

Hello,

I advise you to get the JDA registered, so that neither of the parties can dispute the rights and liabilities at a later stage.

Unregistered agreement is not a valid evidence in the eyes of law and it can be marked as exhibit but you can not solely reply on the same.

Regards

Dear Client,

It is well settled that an unregistered document cannot be received in evidence of any transaction covered by registered document. However, such unregistered document can be used as an evidence of collateral purpose, as provided in the proviso to Section 49 of the Registration Act.

However, in order to admit such document even for collateral purpose, the document so tendered must be duly stamped or should comply with the requirements of Section 35 of the Stamp Act, without which, such document cannot be received in evidence unless duty and penalty are paid under Section 35 of the Stamp Act

the sharing agreement is valid but weather it will create any legal binding or not is to be argued.

There are no such specific cases where you can use the judgements of higher court as precedent.

hi, according to me you have already filed a civil suit for permanent injuction,, yes you can exhibit such a document ,in your chief examination/evidence

any original document or a photocopy of original is a ''document'' as per Indian evidence act .and can be exhibited

1) The first agreement is illegal, Whereas the 2nd agreement depends upon the same land attached or individual land property layout sanctions. Please clarify this first.that both land were merged or used individual land layout for constructions.

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.

Section 17 (1) (b) of the Registration Act mandates that any document which has the effect of creating and taking away the rights in respect of an immovable property must be registered and Section 49 of the Act imposes bar on the admissibility of an unregistered document and deals with the documents that are required to be registered u/s 17 of the Act.

Further ,an unregistered document cannot be received in evidence of any transaction covered by registered document. However, such unregistered document can be used as an evidence of collateral purpose.

And Further,in order to admit such document even for collateral purpose, the document so tendered must be duly stamped or should comply with the requirements of Section 35 of the Stamp Act, without which, such document cannot be received in evidence unless duty and penalty are paid under Section 35 of the Stamp Act.

-- The landlord and builder/developer are free to execute a Joint Development Agreement and they do not require any permission from any authority for executing the same.But for any construction on the land ,sanction plan from the competent authority is mandatory as per law.

There is no illegality in it.

The permission was obtained before starting the construction.

The land grabbing is a criminal offence and can be taken up through criminal channel/law.

There is no use of marking this document as the same is not going to affect the nature of the case in view of the prevailing laws.