NILANJAN ACHARYYA CHAUDHURI 22 August 2022
Original of Land Purchase Deed has been withheld by an unscrupulous Developer although the Development Agreement was cancelled long back and newspaper advt in this connection was published .
Is the availability of Original mandatory for further transaction like sale of land , development work, getting bank loans etc or a certified copy (which is available) is sufficient.
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LCI Thought Leader
Adv. Ravish Bhatt, ADIT, CIOT
(Dual Qualified lawyer/ Solicitor International Tax Affiliate CIOT)
24 August 2022
What matters is marketability and proper title, whcih need be carefully examined. Original is not absolutely imperative or mandatory.
However, it is unclear from facts stated by you as to what was the development agreement and why was original sale deed given to developer at the time of entering into the development agreement. These aspects will be required to be gone into along side whether development agreement is validly terminated.
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