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.
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
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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.
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.
Supplementary agreement between you and builder for sharing of flats between you and builder should be registered
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.
Stamp duty is state subject and varies from state to state
local lawyer can guide you as to stamp duty / registration charges
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.
Sir My problem is that supplementary deed is not registerd but the flats are mentioned secondly builder is not in touch he where abouts are not known so what next to do to have property on our name as development agreement is registrred
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.
Registration of supplementary agreement is necessary to avoid legal complications in future
engage a detective agency to trace the builder
If i want to sell my flat how to sell as i am not having particular flats single document as my share of flats with area is mentioned in supplimentary deed signed by builder
You can sell your flat on basis of supplementary agreement which mentions these flats would be your share on redevelopment of property
You can same with help of registered development agreement and supplementary agreement a sale deed can be made in favour of purchaser.
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.
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
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
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.
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
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.
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.
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.
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.
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.
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.
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.