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Section 79(a) and (b) of land reforms act

(Querist) 05 March 2012 This query is : Resolved 
plz let me know the answers about these questions asked
I need you to work on these two aspects:

1. By a Joint Development Agreement, does the interest in the property gets transferred to Developer. Does the JD agreement, requires to be compulsorily registered under the Registration Act (section 17 to 19). If we just pay the stamp duty and notarize it, without registration, is it enough as per the law. Pl see Deeds book and I need case laws on this.

2. If I enter in to ‘Agreement to sell’ for the purchase of the agricultural property, does this violates section 79A and B of the LR Act. In the agreement to sell, I am saying that I will obtain the sale deed after the conversion of the property. In this executable contracts. Does it violate the law and becomes void. The sellers have received the consideration. I am not an agriculturist. I need case laws.

3. If I enter in to a sale deed for the purchase of the agricultural property, it violates section 79A and B of the LR Act since I am not an agriculturist. Then what is the remedy, does the government forfeit the land or what will it do.? Pl see the sections.
Deepak Nair (Expert) 05 March 2012
1. The builder does not get the right on the land by joint development agreement. The agreeemnt shall be registered. If you are paying the stamp duty, then why to do notary?? The charges for registration is nominal.
ajay sethi (Expert) 05 March 2012
for case laws visit indian kanoon website . it is always advisable to regsiter development agreement . as advised by deepak nair if you willing to notarise it get it registered.
ajay sethi (Expert) 05 March 2012
The following are the list of documents that do not require registration:
Power of attorney that is given except power to sell property
Development agreement
Agreement of sale given by a land owner to a developer
Lease agreement
Lease deed for less than one year
Memorandum of oral partition
recording a past transaction.
Power of Attorney:

Raj Kumar Makkad (Expert) 06 March 2012
I do agree with sethi.


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