praveen kumar 16 August 2019

joint development agreement

Hi this is praveen,
We are entering into Jda agreement with developer, the landowner is my grandmother (father mother),the developer given jda agreement and supplementary agreement in that 1 st and 3rd floor to landowner. In that as grandson can I take 1st and 3rd. For that now grandmother is not there died. Can grand son can do gift deeds

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Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 16 August 2019

1. IF the agreements are not duly executed till date, THEN such "proposed agreements" have become null & void AFTER demise of GrandMother (GM).

2. IF GM has demised without executing any WILL document, THEN "ALL" the residual legal heirs of GM shall have EQUAL rights & shares in all the properties of GM, subject to execution of proper "Family Settlement Deed" and defining the share ratio that needs to be divided /distributed to each legal heir.

3. ONLY "AFTER" the above, the JDA etc.... can be executed, to have legally enforceable affect.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

praveen kumar 17 August 2019

Thank you
But in this second statement GM as sign supplementary and Jda agreement with General power of attorney to developer with 50:50 sharing ratio and before that GM daughter and my father made signature in sub register office for NOC certification that this property is OK to construction in Jda. I don't no that agreement name what there file in sub register office. My question is that in jda agreement what share developer is giving is wroten in Jda, after the construction of building I can transfer 1 and 3rd floor in my name as gift deed without GM signature as she is demise and sister in law can give any objection

G.L.N. Prasad (Retired employee.) 17 August 2019

If your father and his sister are living, who can you become Class 1 legal heir ?

praveen kumar 17 August 2019

Thanks for your time,
The question is like this - my grandmother as one son (I am son of him) and one daughter.
My grandmother is going into jda agreement with developer. The developer told her age 82 yrs. we can do one agreement, that son and daughter is willing to do jda agreement without any objection. We did it and construction is going on from 10 months and we did jda agreement, supplementary agreement and GPA agreement in sub register office. Now my grandmother demise from health issue. But after construction of house 50:50 share but now we don't have any will from her that she is giving as gift deed or any other.
As my father as right to collect that flats or sister in law as right. Before constructing the developer told I will register as gift deed after construction but landowner is not there right now (grandmother) what's the proceeding to that.
But for that gift deed who are the right to collect that flat. As sister in law as right to collect the rights. Please advise in this issue

G.L.N. Prasad (Retired employee.) 17 August 2019

Mr.Praveen

This is not proper forum to raise these issues, as experts read only those queries that are having facts in documents. In your case, several documents and MOUs are to be studied, as a large landlord can afford minor fees for legal opinion, contact a good advocate, show him all documents and get a legal opinion, as even builder can not sell those apartments if his title is defective.

praveen kumar 17 August 2019

OK sir I will check with advocate for this what kind of advocate I as to met

P. Venu (Advocate) 18 August 2019

Please post simple facts highlighting the real issue.

praveen kumar 09 November 2020

we constructed building under joint development ,the site is in my grandmother name and she signed and we constructed the house . in agreement there told first and fourth floor to grandmother , as I grandson can register as gift deed from grandmother .