• Land development agreement

I want to get into an agreement with a developer to develop 14 Acres of my farm land into saleable residential plots with an offer of providing 1/8 of plots to developer as his share for development . Can an agreement done on a non judicial stamp paper of Rs 1000 signed in the presence of a notary will be valid? Can this agreement transfer all the legal liabilities to the developer if he violates any rule or law of Government related to the development of the property?
Asked 6 years ago in Property Law
Religion: Hindu

14 answers received in 1 day.

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18 Answers

Hello,

I suggest you to register the development agreement. However once you hand over your plot for development you cannot sale it directly.

Regards

Swarupananda Neogi
Advocate, Kolkata
2996 Answers
6 Consultations

1 envelopment agreement of this nature requires registration on compulsory basis t create complete rigts and obligations between the parties.

2. If the construction is yet to be started then taking RERA registration has become mandatory.

3.The landowner can retain the power to register property directly to the buyers without making the developer party to the deed provided the property he is going to sell falls in the share/allotment of the landowner.

Devajyoti Barman
Advocate, Kolkata
23670 Answers
538 Consultations

Development agreement should be duly stamped and registered 

 

2) don’t enter into mere notarised development agreement 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

 

Registration with RERA is mandatory for sale of plots 

non registration attracts penalty 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Landlord can retain rights to execute sale deed directly in favour of buyers 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

An agreement between the landlord and Developers should have to be made on a rupees 100 stamp paper narrating all the conditions of the agreement to be fulfilled by landlord and developer in this regard this agreement is binding to both the parties for their required actions this should be notarized and registered after payment of minimum stamp duty in this case so that it can be enforced by the law if required

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

It's better to register the development agreement for more authencity. You can compel him to register by filing suit of specific performance. 

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

See it would be better if the agreement is registered for the joint development and stamp duty is paid. In the case it would be better to register the agreement. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

The developer is responsible for the RERA registration he has to take same and he shall be responsible.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes the land owner can register the plots and pay the agreed consideration or a sharing agreement can be made.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

It can be execute on 500rs stamp attested by 2 witnesses and notorised,  Builder and land owner both will responsible until builder not agree in agreement of his sole responsibility to get register with RERA and liable for any violation.

NO, you have to execute POA in his favor to authorize him to register sale deed.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

1. No, you are required to register such agreements in order to make it a valid and effective agreement 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

No, you will also be liable since you are the one keeping the major chunk of the land 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Yes, the landlord cas 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

It is advisable to get this joint development agreement by a registered document so that it would become enforceable in court of law.

An unregistered agreement is not enforceable in court, hence you may not run a risk on that count.

Let the registration and stamp duty may cost you anything, you both can share that expenses so that all other conditions cane be enforced in case of breach of contract by the developer in future

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

The developer has to register with the RERA which has become mandatory now a days. you may insist on this, if he is not responding then your may withdraw yor decision from entering into the agreement because it may cause you problems at a later stage while you intend to sell your share of flats.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Generally the landlord will be having powers to sell the flats allotted to him and the builder will be possessing power of attorney to sell the flats allotted to him, directly, hence all such conditions will be entered in the agreement between them.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Dear Client 

You should make a registered agreement with developer to transfer the rights and liabilities regarding land development. A notarized agreement will not be enough.

The registration of project with RERA is mandatory because you are selling residential plots. And it depends on the agreement that who will be liable for not registration of project with RERA.

Yes a landlord can retain the power to registering the land directly But it should also be mentioned in the agreement. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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