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ANKIT KIRITBHAI SHAH (ADVOCATE)     26 May 2018

Development agreement registration which has no consideratio

Sir,

“A” is an Individual who has land. He has passed the plan from Town Planning department for RESIDENTAIL PURPOSE. HE WANT TO SELL A PLOT ONLY. HE WILL MAKE A SALE DEED WITH PLOT PURCHASER WHICH WILL BE DULT REGISTERED WITH THE SUB-REGISTRAR. PLOT SELLER WILL ALSO MENTION IN THE PLOT SALE DEED THAT HE WILL HAND OVER THE PROPOTINATE AREA OF COMMON AMINITIES LIKE GARDEN, PARKING ETC…. HE WILL NOT WANT TO MAKE ANY CONSTRUCTION ON THAT PLOT. PLOT PURCHASERS WILL DEVELOP IT.

“B” is a Partnership Firm. Firm is ready to develop the plot and common amenities.

“A” will sell a plot to plot purchaser and he will leave after taking money of the plot from the plot purchaser.

“C” is the name of our project, we have registered it with RERA. We have registered “B” as a PROMOTER, who is going to make a contract/agreement with PLOT PURCHASER (not with the PLOT SELLER).

Now RERA officer asking for the DULY REGISTERED DEVELOPMENT AGREEMENT between DEVELOPER and PLOT SELLER.

  • How can I get DEVELOPMENT AGREEMENT registered as LAND OWNER IS SELLING PLOT ONLY AND DEVELOPER MAKE DEVELOPMENT AS PER CONTRACT/AGREEMENT WITH THE PLOT PURCHASER?
  • AS DEVELOPMENT AGREEMENT SHALL BE WITHOUT CONSIDERATION AS PLOT SELLER SELLS PLOT ONLY AND BY TAKING MONEY AGAINST THAT PLOT, HE WILL TAKE A LEAVE.

 

 



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 1 Replies

Pradipta Nath (Advocate)     26 May 2018

That means there are two documents: - one is the sale deed and another is the Development Agreement.

Please note that there is no need of Development agreement between the seller of the Plot and the Builder because this will create more confusion if the seller of the plot is leaving the place after getting the money.

As the seller of the plot has already obtained permission for residential building, it will be sufficient if the Builder executes an undertaking/ affidavit to execute the permission and fulfil the conditions attach to it with information to the Town Planning department.

On the contrary please get it confirmed from the RERA whether they are looking for the agreement between the Plot Seller and the Developers OR between the Developers and the Future Buyers of the residence!


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