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Vinod Joshi (Partner)     14 November 2011

Mistake in development agreement & poa

Dear Friends,

I want urgent advice. I am planning to buy accommodation in a scheme of development in Pune. The Non Agricultural land of the project has been obtained by the Developer by signing Development Agreement (DA) & POA from about 25 individual plot owners. The Developer has submitted development plan for construction of a Group Housing Scheme on these plots & the same has been approved by the concerned Municipal authority. The promoter has built bungalows & other buildings on the plots. 

During Title search for the property I have found that the DA & POA for one of the 25 plots (plot no 3) has been signed with only one of the two owners – husband in this case of the plot i.e. the wife has not signed the DA/POA. The Developer says that the name of the wife was missed out from the DA/POA by mistake & that he will get the same included & signed in next 6 months (because the owners are abroad).

However, he says that since the accommodation which I am planning to buy does not fall on plot no 3 which has this problem, I should not worry about the title problem. He is asking me to sign “Agreement to Buy” of my accommodation which is not plot no 3. I have checked & confirmed that no part of my accommodation or any roads or common amenities fall on this plot no 3.

In such a case, is it safe for me to purchase this property? Will there be any complications later on? Please advise urgently.



Learning

 1 Replies

Anil Agrawal (Retired)     14 November 2011

Builder is taking you for a ride.


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