Supplementary sharing agreement t is entered into between land owner and builder for share of constructed apartment 

2) it should be duly stamped and registered 

Land is owned by LO, hence whatever constructed on the land, owned by owner. And only after executing sale deed of builder share through GPA, rest flats will transfer to purchaser.

So you dose not need any deed to register but builder/buyers.

And which flats will belong to you will prove by JDA.

Hi,

The JDA contains the said clause and you may insert the sentence as per your agreement. It's stated that you are not required to pay stamp duty for ownership of flats because you are owner of land.

Hi 

In general, there are 3 types of Joint development agreement

a) Area Share Joint Development agreement

b) Revenue share joint development agreement

c) A combination of Both.

In general, a registered joint development agreement is not considered as Transfer of property u/s 53 of Transfer of property act and as such both the builder and land owner need to execute the sale deed for each and every flat that is being sold to outsiders.

So, technically what happens is after a registered development agreement, a builder and land owner will execute a supplementary agreement outlining all of the flats that are allocated to the builder and land owner.

Based on the registered supplementary agreement, the land owners get their title to the flats And the builder needs to pay the stamp duty for the flats allocated to the builder(so technically the land owner does not pay any stamp  duty or registration charges for their share of flats).

Hope this information is useful

Even after the joint development agreement property ownership remains with the landlord and the Builder sell out its own share and for that purpose the land owner has to who signed the registration deed in favour of the procedure however for share of himself he has to do nothing but has to take position and pay the municipal charges and the property including the sewage and water charges

This is the part of joint development agreement that you have to register the agreement so that the apartments are being built should get the number and on the basis of those numbers this year of the Builder will be registered by the owner of the property and eventually the capital gain tax arise out of the transfer of this property will be taxable in the hands of the owner of the land and on the basis of that transfer the units of the landowner will be recognised and after the payment of municipal tax the units will belong to the land owners as the share of the property which has been transferred to the buyer of the apartments will also contribute in the same plot so the balance of the common area will be the part of the land owner as well as the apartment buyers

Hi,

As per your JDA and completion certificate from builder you and builder may apply to concern revenue and municipal authority to get the property documents on your name, property identification number as well as assessment, taxation etc.

Registered JDA , suplementary sharing agreement , OC , make up for the ownership documents 

HI 

For the land owner, his title is derived from the extent of Undivided share of land plus carpet area of the flats allocated to him. So technically the following documents constitute the land owners title deed:

1) Copy of land owner's original title deed(prior to land development agreement which will now vest with flat owner association)

2) Copy of Registered Joint development agreement (please note registered joint development agreement is NOT conveyance deed in accordance to Section 53 of transfer of property act).

3) Original Registered Supplementary agreement wherein the builder and land owner agree for their respective share of undivided share of land and carpet area of flats allocated to each of them  and ownership and possession of each of the flat is conveyed to the land owner/builder respectively (this is a conveyance deed in accordance to section 53 of transfer of property act.

4) Completion /Occupancy certificate issued by municipality for the entire residential project

5) Property tax assessment for each of the flat allocated to erstwhile land owner who is now a flat owner

6) Electricity bill for each of the flat allocated to erstwhile land owner who is now a flat owner

Hope this information is useful 

- In a Joint Development Agreement , a landowner contributes his land for the construction of a real estate project and the developer undertakes the responsibility for the development of property, obtaining approvals, launching, and marketing the project. 

- JDA is not a transfer of title, it means that  a landowner cannot sell the newly constructed property without  a No Objection Certificate from the developer.

- Once the construction of the flat is constructed and occupancy right is granted by the competent authority to the owner, the owner will himself execute the sale deed in favour of the flat buyers.

- Hence, automatically , the landowner will recieive the formal title of ownership from the builder. 

- A Supplementary sharing agreement should be registered between land owner and builder for share of constructed apartment .

It depends on your agreement with the said builder

1. YES, IF the JDA was duly Stamp Duty paid and Registered, THEN the JDA is the final document for Title-Ownership of the Share of Flats mentioned in the JDA.  There is no legal need to execute registered sale deed with owner, since there is no sale transaction between the Builder and Landlord.

2. "occupancy certificate, completion/possession certificate given by the builder" thou are not part of JDA, but another conclusive documentary evidence that JDA was duly complied with and peaceful possession is handover to you.

3. The Builder would submit the name of all the Flat Owners, for Property Tax assessment to the assessment dept.

4. For sale of Landlords share of Flat, a Copy of the JDA would have to be attached to each subsequent sale deed.

See the land owner is already having title being owner of the land , further to demarcate the share a registered sharing agreement with the builder can be made, As per the terms of the JDA the builder and the land onwer can agree on the share and can pay the stamp duty and registration fee. 

See the land owner with the title of the land and JDA document can sale his share of flats vide registered sale deed based on same the buyer can obtain mutation with the municipality. 

Everything will arrange by builder and same will be one of the condition in JDA.

1. The stamp duty and registration of flat will be given by builder. 

2. And it should be mentioned in JDA.

An agreement between a landowner and a real estate developer to construct new projects is called a Joint Development Agreement. In a joint development the capital, the builder carries out construction and legal work whereas the landowner provides the land

Some of the main advantages of a Joint Development Agreements are:

• The initial investment on land/site is not required for developer.
• 
  Stamp duty could be avoided partly.
• Fast mode of development of the property, working capital requirement restricted towards approval and construction.
• A secured loan is obtained by pledging land, which is obtained under JDA.
• Investor/landlord will be benefitted with competent consideration.
•  

When a developer enters into a development agreement with a Landowner, GST would become payable by the Landowner when the developer transfers possession or the rights in the constructed complex, building or civil structure, to the Landowner by entering into a conveyance deed or allotment letter.

Hence, when the Landowner receives a constructed property from the Developer in exchange for providing land, the Landowner would become liable for payment of GST. The GST rate applicable on such a transaction would be 18%.

Based on the registered supplementary agreement, the land owners get their title to the flats And the builder needs to pay the stamp duty for the flats allocated to the builder(so technically the land owner does not pay any stamp duty or registration charges for their share of flats).

Based on the registered supplementary agreement, the land owners get their title to the flats And the builder needs to pay the stamp duty for the flats allocated to the builder(so technically the land owner does not pay any stamp duty or registration charges for their share of flats).