Hi, I am planning to purchase plot in a project which is JDA between landowners(9 names as per sharing agreement, The head of the family is 93 years and his wife is 80Yrs) and developers (3 developers in partnership). The JDA states that, 70% of undivided share belongs to owners(9members) and 30% belongs to developers. A General power of attorney is made between developers and land owners , which states that 70% of undivided share belongs to Owners and 30% of undivided share belongs to developers, and developers have full rights to sell, rent or gift of their portion i.e. 30% ., a mention of Sharing agreement is also made in GPA,but details of sharing agreement is not included in GPA. Both the JDA and GPA are registered in sub-register office, and a Sharing agreement is also made between developer and owner which is NOT registered. The plot I (Prospectus buyer) intend to buy is a scheduled property with one of the developer, as per the Sharing document between landowner and developers. The Sharing document is not registered with sub-register office, but only an notarary with stamp duty of 100Rs. My question : 1) Since the sharing document is not registered in sub-register office, should all the 9 landowners and developers should make a sale deed in favour of me ? 2) Only Developers (3 developers) are enough to execute the sale deed in favour of me? 3) Since there are 9 landowners (2 minors and 7 adults), and 2 members are super senior citizens (93Yrs and 80Yrs) respectively, Is there a compulsion that all 9 landowners should be present in Sub-Register office to sign sale-deed as consenters ? Or is there any alternatives which i can follow. Please help me in these regards.
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1. Yes. Unregistered agreement can be looked into for corraborative purpose.
2. Both i.e. owner and developer, particularly owners.
3. Minors should be represented through their guardian/parents. For execution and registration all parties are required to be present before registrar.
1. Since the builder is having power to sell through a registered GPA in respect of the property allotted as his share, there si no necessity for the sharing agreement also to be executed by a registered document.
Therefore the builder on the basis of GPA can execute the sale deed on behalf of the owners.
2. Yes, that will do.
3. There is no necessity for the consent signature in the sale deed becasue the builder will be selling his share in the property.
1 yes
2. All parties needed
3 their POA can be present if they can’t
You should insist that sharing agreement between builder and landowner be registered
2) only developers are not enough to execute sale deed as sharing agreement is unregistered
3) landlowners should be confirming party in sale deed
4) presence is necessary at time of registration of sale deed
Its immaterial that the sharing agreement is registered or not. As you mentioned in your facts that the GPA recitals contains the sharing ratio
1. If the GPA recitals contains selling rights of the shares of both Land owners and Developers then the GPA (power agent/s) can execute the sale deed for all.
2. If the GPA recitals contains selling rights of the shares Developers alone then the GPA (power agent/s) can execute the sale deed with respect to developers share only.
3. Same as above in 1 & 2 depends upon the facts
1. Since, the sharing document is un-registered , then all the developers and landowners should execute the sale deed
2. If the said Developer having a registered GPA from the landowners then there is no need of landowner approval for executing the sale deed.
3. Minors are not competent to sign any agreement.
Hi, the plot which you are going to buy is fallen to the share of Developers then there is no need to sign the landowners in Sale Deed. As the landowners have executed the Joint Development Agreement along with GPA.
Since the sharing document is not registered in the sub-register office, it may not have legal validity or enforceability. Typically, agreements related to the sale or transfer of immovable property should be registered to ensure their legal validity. In most jurisdictions, an unregistered document may not be admissible as evidence in court. Therefore, it is advisable to consult with a lawyer to understand the specific legal requirements and consequences in your jurisdiction.
If the developers have the authority to sell or transfer the undivided share of the landowners, they may have the power to execute a sale deed in favor of you. However, it is crucial to review the terms of the JDA, GPA, and any other relevant agreements to understand the extent of the developers' authority and obligations. A lawyer can help you analyze these documents to determine the specific rights and powers of the developers.
The requirement for all landowners to be present at the sub-register office to sign the sale deed can depend on the laws and regulations of your jurisdiction, as well as the specific terms of the agreements involved. Generally, the consent of all co-owners may be required for a valid sale or transfer of the property. However, some jurisdictions may allow alternatives such as granting a power of attorney to one or more individuals to represent the absent landowners. Consulting with a lawyer who is familiar with the local laws and practices can provide you with accurate information about the specific requirements and alternatives in your jurisdiction.
