• Development of property

Sir/Madam
I have given my property for development and development agreement signed and supplementary deed also given by the builder but in between builder left but any how work is completed and we are residing in the apartment but one confusion that our part has been not registered on our name so what is the procedure to do it please guide
Asked 7 years ago in Property Law
Religion: Hindu

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23 Answers

Hi, 

You have not mentioned as to what's the present status of builder. Using the agreement made earlier and the previous papers of property on your name, get your name recorded in registrar's office for the property.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1) If you have signed redevelopment agreement with builder, than builder must transfer the flat on your name legally. As per the development agreement of your share ratio.

 

2) You have to not pay any additional stamp duty for existing sq. ft, however for additional sq.ft you need to pay stamp duty as per current rate.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Supplementary agreement between you and builder for sharing of flats between you and builder should be registered 

Ajay Sethi
Advocate, Mumbai
99873 Answers
8149 Consultations

Further steps will depend on the terms and conditions you have laid down in the agreement you have signed with the builder so please go through that agreement and go ahead. 

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Stamp duty is state subject and varies from state to state 

 

local lawyer can guide you as to stamp duty / registration charges 

Ajay Sethi
Advocate, Mumbai
99873 Answers
8149 Consultations

See since the land is already in your name so the ownership of flat is with you if  share of builder and  yours is mentioned. Further builder is required to transfer if it falls in your share.

Stamp duty on registration.of deed is to be paid.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See even if the development agreement is registered in that case the ownership rest with you by virtue of land but in case the flat is from builder share and he is not traceable then a declaration suit can be filed based on unregistered agreement.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Registration of supplementary agreement is necessary to avoid legal complications in future 

 

engage a detective agency to trace the builder 

Ajay Sethi
Advocate, Mumbai
99873 Answers
8149 Consultations

You can sell your flat on basis of supplementary agreement which mentions these flats would be your share on redevelopment of property 

Ajay Sethi
Advocate, Mumbai
99873 Answers
8149 Consultations

You can same with help of  registered development agreement and supplementary agreement a sale deed can be made in favour of purchaser.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hi,

In the present situation, you are suggested to publish an advertisement in newspaper asking the builder to come in your contact and get the further work done, else the agreement would be cancelled. Do give sometime and then cancel the agreement made earlier with builder. Then get the registration of complete property done in your favour at registrar office.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

it is registered through developer. if the agreement is executed you can approach the developer to register the same.Actually its developers duty.If he is not doing you can approach consumer court for deficiency in service

Prashant Nayak
Advocate, Mumbai
34587 Answers
249 Consultations

if builder's whereabouts are not known then only option remains is to file a declaratory suit against builder and obtain a declaration from court with further direction to builder to execute registered agreements with you for the flats that came to your share under the DA and supp agreement

Yusuf Rampurawala
Advocate, Mumbai
7904 Answers
79 Consultations

Who owns the land ?

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

The builder does not buy the property from the owner but only develop the property and share the profit. The builder only nominates the buyer and hence a separate agreement will be made between the buyer and the builder. ... The sharing agreement does not require a mandatory registration under the law.

You can execute a registered deed in favor of the buyer if you would like to sell the same in future.

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

The property is already on your name.

Since you have not incurred any expenses for the development, what is the expenses that you are going to claim

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

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 important  to register JDA. At the macro level, neither builder nor landowner can dispute the terms and conditions of the registered JDA. Secondly, it provides authenticity to the agreement. 

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

You can sell the flat by executing a registered sale deed as an absolute owner and for mentioning the schedule of property you may produce the copy of the JDA as well as the supplementary agreement.

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

Though supplementary deed is not registered but has been signed by the builder so his consent is there now he is not available so please sell your flat as sole owner on the basis of both the documents. 

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

1. You have mentioned that 'any how the work is compl;eted'. How the work has been completed and who has completed the said work? 

 

2. If some other builedr has completed the work then there might have been some agreement with him for comppleting the unfinished development work which has been registered by you.

 

3. Based on the said agreement for development registered with the registrar, you become te title holder of the flat you are occupying as mentioned in the said agreement.

Krishna Kishore Ganguly
Advocate, Kolkata
27723 Answers
726 Consultations

1. Property is not registered but the deed for conveying the title of the property is registered.

 

2. In the instant case, the land stands in your name and the development agreement was registered.

 

3. The development agreement is required to be perused to advise properly as to what has been mentioned about owner's allocation.

 

4. If the flat where you are staying has been allocated in your name as per thge development agreement, then you can sell  your flat based on the said agreement for sale.

Krishna Kishore Ganguly
Advocate, Kolkata
27723 Answers
726 Consultations

1. Was the first development agreement registered?

 

2. Even if it was not registered, at least you can prove that the title of the land stands in your name.

 

3. You can sell your fklat mentioning about the development agreement on your land and your selling of the flat allocated to you based on the said development agreement.

Krishna Kishore Ganguly
Advocate, Kolkata
27723 Answers
726 Consultations

1. The title of the land  stands in your name.

 

2. Any construction made on the said land will be owned by you unless there is a development agreement wherein your share has been allocated.

 

3. You can very well register a sale deed reciting about the development agreement and its suplementary wherein your allocated area/flats of the developed building has been mentioned.

Krishna Kishore Ganguly
Advocate, Kolkata
27723 Answers
726 Consultations

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