1. sharing agreement between landowner and builder is not required to be registered

2. ask builder to take NOC from all 6 landowners and annex it to your sale deed

3. in the alternative all the 6 landowners can become confirming parties in the sale deed to be executed between you and the builder

there is a correction to my response as below:

ask the landowner to take NOC from the other 5 landowners and the builder and annex those NOCs to your sale deed with the landowner from whom you are purchasing the unit

or in the alternative you can have the other 5 landowners and the builder be confirming parties in the sale deed between you and the landowner

apologies for the previous reply. Except for the modification as above, the response remains the same

it is advisable to register sharing agreement between builder and land owners to avoid legal complications

2) in the event of any dispute between builder and land owners you may face legal problems . builder may claim the said flat

3) mere NOC by builder is not sufficient

NOC from all owners is sufficient to protect your rights, it is not mandatory to register the sharing agreement, So the notarised sharing agreement and the NOC from all land owners can be registered along your sale deed.

Hi

Since the land owners have entered in to Joint development agreement with Developer, a sharing agreement is one which will earmark/allocate the flats that will go to the share of each of the owner.

A sharing agreement/allocation agreement is basically a deed that allocates which flat will go to which of the land owner or developer and thereby who has the right of ownership over the said flat.

A sharing agreement NEED NOT be registered if

a) All of the land owners and developer are executing the sale deed in their capacity as Seller to you(buyer). So in this context all of the land owners and the developer should execute the sale deed in your favour.

b) If the sharing agreement is registered (plus JDA is also registered, then the land owner to whom the flat is allocated can enter in to a sale deed with yourself.

c) Since the sharing agreement is NOT registered, the land owner should execute the sale deed in your favour along with remainder of land owners and developer being arrayed as consenting parties in your sale deed. Please Note mere NOC from Developer will not help . Herein also all of the parties(the remainder of land owners and Developer should sign the sale deed as consenting parties).

d) Mere affixing signatures as witness is no value unless and until they are arrayed as consenting parties in the sale deed.

Hope this information is useful.

This is my response to you:

1. You have to obtain NOC of the others;

2. Otherwise there is a chance of claiming the land;

3. And as per the Transfer of Property Act, and as per the Registration act, all sale deeds have to be registered;

4. If the registration is not done then there is no transfer of property;

5. Consult a local lawyer.

Dear,

All land owners are not not required as witness in the execution of the deed,

their noc is enough.

Not compulsory to register sharing agreement.

Dear Client,

It is note mandatory to register a shared agreement. But would be better if registered. You can get the sale deed registered without consent of other co- shares.

The reason why developers don't register the sharing agreement is to evade the stamp duty.

Dear Client,

NO good deal, no proper authority to execute deed of execution, all owner will include as seller not as witness or registered POA in some owner to on their behalf. Sharing agreement invalid due to non registration.

You need to take sign from all the owners as the development is done jointly and agreement is in written form. Registration is not the material fact here.

1. Since the Development Agreement and the Sharing Agreements are not registered, and since you are purchasing the property from one Land-Lord, in your futuristic legal interest, it becomes compulsory that the Sale-Deed should be registered by the seller Land-Lord and all others & the Builder, MUST sign on the Sale Deed as confirming party signatories. Builders NOC is legally insufficient for such purposes.

Keep Smiling .... Hemant Agarwal

Since its, a Partition among the current owners, who have already acquired rights in property need not be registered. It is mandatory to sign all the parties(Land Owners & Builder) to sign the sharing agreement.

If the sharing agreement is not a registered document then besides NOC form the builder, NOC from other land owners may also be obtained on a safer side..

This may protect your future interest in the property.

It is not mandatory but nonetheless advisable to register it. NOC alone does not suffice to protect the legal rights of the buyer. NOC will be difficult to prove in the court, but a registered agreement can be proved.

Dear Sir,

Sharing agreement though not mandatorily not required registration but to avoid future complication such registration is necessary.