1. If the JDA is already made between your seller and the builder then while purchasing the land you will need to get signature of both the landowner and the builder.

2. Now if you wish to buy the land then make a sale deed and not a GPA. GPA with a person who is not your blood relations is not valid for transfer of property.

3. So to avid higher stamp duty do not indulge in GPA route which has been held illegal by the supreme court.

Dear Concerned,

Answers Below

a. As an JDA for the land has already been registered - A further supplement JDA / MOU need to be done between yourself and the builder and make the land lord a witness to this agreement - get the agreement registered.

b. GPA - doesn't have any role to play here - for a clear n clean claim - get the JDA / MOU done as point A.

c. FOR OWNERSHIP rights the landlord can sell the specific land to you straight away and a new JDA minus the 1000 sqyards you are planning to buy need to be signed between the landlord and the builder.

Please note before paying any money - think long term and possibilities of claim in ownership of the land for which you pay.

Best of luck.

it is necessary to peruse JDA to advice

2) GPA does not confer title to property

3)sale deed has to be executed duly stamped and registered for portion of land in your favour

4)if any GPA is executed in your favour should be duly stamped and registered

sale deed should be executed by landlowner and builder should be confirming party

If there is joined development agreement between the builder and owner and in that if the builder is authorised to sign any document for transfer of property than only builder can sign otherwise both need to sign.

For purchase GPA is not valid document after Suraj lamps judgement supreme court has clearly held that no transfer of immovable property through a GPA is valid transfer sale deed need to be executed for that portion.

If builder is signing the document of sale noc from land owner can be.obtained for a safe transition even if condition in JDA.

The both parties for registration in subregistrar office has to be present where the immovable property is situated.

Also kindly seek help of local lawyer ask builder copy of JDA read that carefully and then make a transition and it is better both sign the document to save yourself from future litigation.

Your question: Do i need to get the GPA and land owner should be present for this or can he sign papers and then i can get it registered in the office and pay the 5% to get legality to this agreement?

Your question: Land owner is in Bangalore does he need to come to HYD for this Buyer i am going to be in HYD but is there a form i can send him and get this done so i can take it to office and get it registered?

Common Answer: Everybody who executes the papers have to be present at the time of registration according to the Registration Act. Unless there is a registered power of attorney on behalf of land owner and the builder;

Dear Client,

GPA don`t provide absolute ownership and 5% stamp duty ( registration charges) applies on sale deed, 3% on GPA.

Go for sale deed.

Is it Joint Development Agreement ? If yes than builder have no title in the property and the land is vest in owner not in builder. Land owner can only sale the property.

Land owner will be required in HYd or his representative duly authorized to execute sale deed/GPA.

Can i get a GPA on the 1000 yards of land and a supplement agreement from Builder for the portion of the land and pay 5% registration charges or do i do anything else..

If the entire property was given away for development to the builder under a registered JDA, thern where is any property for you to buy?

Then the registered JDA is to be modified by executing a registered rectification deed by reducing the area of the property restricted to that portion by excluding the portion of property now proposed to be sold to you, in the rectification deed.

Thereafter that share of property shall belong to you and you can enter into a registered JDA separately with the developer from your side for your own property.

For this you should buy the property and not just obtaining a GPA to your name, becasue the GPA will not confer title to you.

For registration of sale deed in your name, it has to executed in the registrar's office falling within the jurisdiction the property situate.

Please let me know.

Do not buy the property by GPA, it is not valid and you will not get title through GPA.

If you propose to buy a portion of the property you may better buy that property directly from the land owner.

For this you may have instruct the landowner to execute a registered rectification deed for the JDAto reduce the are proposed to develop as per the original JDA by reducing the portion of property now proposed to sell it to you by a registered sale deed.

Firstly, I advice you to go through the documents at registrar’s office once again if done already or if first time then with more specifically, and try to see if there is any clause which may painful for you in the near future.

Secondly, yes, you need them to be present while getting it registered.

Thirdly, yes, now the law has changed a bit as he needs to be here only otherwise may not be acceptable valid registration in the eyes of law.

dont make any payment to your friend till July

2) there is no guarantee that friend would not change his mind

3) in many cases NRI had to lose their hard earned money because they trusted their friends

Dear Concerned,

Please understand any kind of agreement the landlord has done with the builder is not a sale deed / sale agreement, hence the 1000 sqyard in question can be transferred to you by means of sale deed. HOWEVER even if unregistered the JDA between lanlord and builder for that specific 1000 sq yards need to be revoked -safeguarding from any litigations.

to keep your interest and money safe - execute an registered agreement to sell for this 1000 sqyards and depute a power of attorney to execute this agreement on your behalf. this will safeguard your interest .

SIR - money is mother of all disagreements / issues hence be it your brother dont give any money before getting into agreement to sell............

BEST OF LUCK

You can enter into a sale agreement with your friend for purchase of the proposed portion of land and in the meantime the progress as per original JDA may be halted so that o enable you to become another party to the JDA by executing a registered rectification deed in this regard. An unregistered supplementary agreement will not be legally valid or enforceable in case of any dispute that may arise in future.

Execute Agreement to sale and get it register.

Better option is to revoke JDA and sell land to you

Then land owner can enter into fresh JDA with builder

You are buying the property from the land owner and are going get an supplementary agreement with the builder.

Whether or not you may have to pay for the expenses incurred by the builder in proportion to the property purchased by you.

The cost for approval, agreements and other issues are to borne by you in respect of your share in the property which will find a mention in the supplementary JDA with builder from your side.

Ask in brief.