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yogesh (Manager)     10 June 2013

Dapa aggrement

Hi,

 

I am planning to invest in piece of land near Pune. The developer has land ownership on his name including 7/12 extract, however as it is agricultural land, me (or many retail buyers like me) cannot buy it unless we have some farmer background. The developer is going to execute DAPA (Development Agreement Power of Attorney) with us. How safe it is to have DAPA done without actual sale of property to my name? What could be issues going forward (transition to my heirs, etc)

 

Thanks in advance...



Learning

 1 Replies

HIRAL THAKKAR (ADVOCATE )     10 June 2013

This type of agreement is only a power of attorney where the principal is the develpor and it would have a highest say on the development of that property. It is advisable to have develpper to convert the property to NA and then to have a signing process execution with the developer. However if DAPA is signed it binds you on the development of the property at the instance of the developer.

 

If the buyer is non agriculturist while selling agricultural land for non agricultural purpose buyer and seller both are require to apply to Sub Divisional Officer for transferring the land. Sub Divisional Officer may grant permission to transfer the land if,

a)       such a person bona fide requires the land for a non agricultural purposes; or

b)       the land is required for   the benefit of an industrial or commercial undertaking or an educational or charitable institution; or

c)       the granting non agricultural permission shall not be contradictory to the laws, rules, regulations and policies which aided the development control efforts.

ONLY an Agriculturist of any state of India can purchase agricultural land/s in
state of Maharashtra. (Non-Agriculturist is prohibited from purchase of agricultural land by law).
 


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