• Preparing agreement paper with a builder and checking his genuineness

My land is in Patna.I want to develop the land by giving it to a builder under registered agreement.
1.What documents should I ask the builder to know genuity of the builder.
2.Who shall sign the registered agreement on behalf of the builder.
3.How to know whether building has been approved and to what extent it is approved.
4.Can I get my registered document prepared by your site .What will be the cost.
Asked 6 years ago in Property Law
Religion: Hindu

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13 Answers

1) check builder financial position 

 

2)whether builder is willing to give bank guarantee for development of land 

 

3) check the  track record of builder as to whether he has completed projects on time or not 

 

4) builder has to sign agreement or his POA holder 

 

5) ask builder to furnish building sanctioned plans and commencement certificate issued by municipal corporation 

 

6) you can contact any lawyer on this website for drafting development agreement 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

His rera registration and other licenses for building and construction. 

If it's company then authorized officer as per board resolution which signs the same

If he is rera registered he is approved. 

Yes you can get it prepared by site. You can take telephonic consultation to discuss the same in detail. The charges may vary from 8000 to 20000/- depending on the matter

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

- A reputed builder will be a member of an industry association, such as the Confederation of Real Estate Developers Associaton OR, the Builder’s Association of India .

- The International Organization for Standardization’s certification criteria for a quality management system

- Financial stability

- Builders agreement with bank for development of any project and its gurantee.

- Builders track record for compeleting any project i.e quality and time 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You should ask builder to provide his licence As approved builder.

Director or Authorised person will sign the agreement on behalf of builder. 

You can find out the details from his licence. 

You can get the document drafted from the site but for registration you have to approach the local registrar. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1. See you can check previous projects of the builder , balance sheets to ascertain if he has funds or not also of there is any liability or not.

2. If builder is company the director or authorised signatory.

3. You can check the approved plans by municipal authority .

4 See you can engage service through website can discuss about fee. A joint development agreement for your land can be prepared.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. If builder is a company or a firm or a LLP then check for the constitution documents filed with the authorities 

Ask builder to give details of all past projects undertaken by him and how many have been successfully completed. This is to check his track record. Do site visits to the projects undertaken by builder to check the quality of materials used by him for the construction 

2. If builder is a company firm or LLP then an authorized signatory of builder appointed under a valid resolution will be needed

If he is a sole proprietorship then he can sign himself 

3. That you will come to know only after the building plans are submitted by builder to the competent authorities for approval and sanction. That stage is after signing the development agreement. U can stipulate a time in the agreement within which the builder has to construct the building from date of registration of development agreement

4. Yes you can. Cost - 30k

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

1. First and foremost, you should ensure that builder has a good reputation in market.

2. Builder should personally sign the agreement but if this cannot be done then the agreement can be signed by any representative of the builder who holds a GPA for and on behalf of builder.

3. Engage a lawyer in the process to vet all documents.

4. You are free to engage any lawyer on this portal for drafting of the required document.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1.  You can appoint a local Project Management Consultant (PMC) whose duty would be to oversee everything and prepare a proper report on all the requirement for the land development that would protect your interests.

2. Typically you must obtain the last three years income tax statements of the builder to know his capacity and his financial genuineness. 

3.  Builder or his Authorized Representative or POA holder can sign on the development agreement. The local "Town Planning Dept., /Municipal BP dept., approves the plan, without which the building would be illegal and liable for demolition.

4.  Agreement drafting starts from 5000/- upwards, depending on the quantum of work and manpower required. Better to get it drafted thru a local Property Lawyer.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Company incorporation certificate and memorandum of association. Builder role in company and board resolution authorized him to enter in to development agreement on behalf of company and authority letter.

Authorize employee/director by board resolution will sign. 

Ask him to provide sanction plan after execution of agreement and registration of project with RERA. This should be in time bound manner.

JDA - Joint Development agreement will execute. Fee chargeable.

.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Dear Concern,

Please note - 

01. Following are the documents which you need to have from the company - 

(a) Their COI (Certificate of Incorporation),

(b) audited Balance Sheet which approves that they are in profit and have no recovery cases pending in against them.

(c) The certificate approving that there are no recovery cases or cases related to fraud and fraudulent activities shall come from the side of an Advocate duly signed under his signature on his letterhead so that in future if you figures out that there were cases pending in against them then you can sue him as well for the involvement in the crime. 

(d) Their registration details as a builder/ construction company,

02. It is the authorised representative who will sign the paper on behalf of the company. The authorised representative could be one of the Director of the company or the Legal Manager of the company or someone else as well. But to determine as to whether he is authorised representative or not you need to have Board Resolution paper with yourself. So better ask them the Board Resolution paper to determine who is the authorised representative for this deal on behalf of the company.

03. To ascertain as to whether the building has been approved and to what extent you need to visit the website of the Bihar RERA or the office in person. As every commercial construction (which includes residential apartment, complex etc.) is now registered with RERA and can be undertaken only after the grant received from their side. 

04. Yes you can get the documents prepared through this website and can seek assistance over this entire transaction also. But to do so, you need to figure out an advocate from this portal, have to engage him/her and thereafter he/she will further assist you provided you pay him/her his/her professional fees. 

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

1 incorporation certificates, Moa and Aoa. Besides you may also ask him to furnish last three year balance sheet and the details as to the projects done by him in the past. Through these documents you should be able to assess the creditworthiness and the standing of the builder.

2 the authorised signatory 

3 builder will seek approval from development authority. You’ll have to ask him to furnish a copy of the same to you 

4 get this done through a local lawyer

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

you can check builder previous projects. 

you can also directly contact previous project land owner and also check builder financial position. 

there are many expert lawyers available on this web portal you can contact. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. His company details 

2. Some director of the company or some authorized representative 

3. Cross check this with the municipal authorities 

4. You may get the builder buyer agreement prepared from any of the advocate. 

You will have to get the same registered in Patna itself. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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