Mou before development agreement & power of attorney (dapa)

Tayib (Querist) 08 November 2014 This query is : Resolved
Dear All,

I am owner of a Plot in Pune on which I have engaged a builder to develop the same on sharing basis by constructing a building. I am aware that Development Agreement And Power of Attorney (DAPA) needs to be signed and registered for such setup however the builder is saying to sign an MoU initially and once the drawing/plan is approved we can go ahead with registering the DAPA too.

My Questions:

1. Is the MoU really necessary?
2. Why not opt for a DAPA directly instead?
3. WHat is the right time to sign DAPA. Before the design start or after?

Thanks & Regards,
Tayib

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Guest (Expert) 08 November 2014
Better Show the MOU copy to the Local Good Advocate in Pune it self and take his opinion for safety.With out MOU the Builder can not Proceed.

Devajyoti Barman (Expert) 08 November 2014
1. It can be done but can be avoided also had you gone for registered development agreement for the very inception.
2.Yes
3. Sooner is better.

T. Kalaiselvan, Advocate (Expert) 13 November 2014
The MOU may be an unnecessary exercise especially when DAPA has been registered or is in the program. DAPA can be registered before the start.

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