Hi, 6 of us together purchased 12 acres agricultural land from a single vendor, via six separate sale deeds, showing demarcation of our individual holdings. The land is undivided right now with no road access to individual units Now we want to make an internal layout among ourselves, leaving aside certain amount of land for internal roads and a small club-house, and re-specifying our boundaries accordingly. (we don't want to go the route of making a panchayat lay-out and gifting away land to panchayat, for fear of panchayat then making our internal roads a public road, or putting other restrictions or constraints on us). Can anyone kindly (a) suggest the Document we need to create (MOU? Contract? Agreement?) that would make this internal layout final among ourselves (b) the clauses we would typically put into such a document to ensure permanence of our intended layout.
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You can enter into MOU
2) you should convert land into NA then only you can use land for construction of club house
3) contribution to be made by each land owner has to be specified
4) period within which construction is to be carried out has to be mentioned
5) sanction of plans by panchayat of layout
6) maintenance expenses of roads , club house ti be borne by all owners
Execute a Mou through an expert
An obligatory consent is necessary from the local authorities to get a ‘change of land use.’ An application form has to be sent to the Commissioner of the Land Revenue Department clarifying the reason behind conversion.
1. Make a mutual deed of partition whereby re draw the area and allocate the land from your respective share for the purpose of common road.
2. Since it is a private arrangement among 6 plot owners only, the same would be considered as private pathway only and it can not treated as a public road unless it is the only approach way to reach another part of the area from other part of the land.
3. Make the mutual deed of partition registered.
You can execute a mou between you parties to agree such terms and keep the space of road between your lands
1. Register a Settlement Deed, amongst all the Six persons, incorporating strategic clauses relating to demarcation outlines of the plot, common amenities etc.... and a drawing of the proposed internal road layout plan (by a registered architect) in the Plot, which should be annexed with the Settlement Deed. Mention the non-monetary /monetary terms & conditions & other parameters with the same. This will avoid all futuristic legal disputes amongst the six persons.
Dear Client,
Demarcation/specific portion belongs to which owner not in dispute. So the above settlement via MOU will execute between parties on rs. 500 stamp.
You all can enter into a joint development MOU wherein leaving space for internal roads club house. Further the agreement as joint development get it registered it would be valid and binding.
Hi,
It is better to prepare one MOU where all the partners are ready and get the same registered with registrar in order to avoid any issues in future.
Any such proposed layout has to get an approval from the competent authority.
Alternately you all can draft a mutually agreed partition deed among yourselves in which you can allot the space for internal roads and also allot space for other proposed amenities which would have contribution from all the shareholders and would be the common property of all the shareholders besides their own individual properties as per the registered partition deed.
The internal roads and the proposed club house also can be shown as another addition schedule of property in registered the partition deed being shown as common property belonging to all the shareholders.
You can first discuss with an engineer or an architecture about this and proceed with the partition among yourselves as suggested.
You can discuss the subject matter with an experienced local advocate too.
