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RAM (Other)     08 August 2014

Real estate construction and sale agreements

Hello All,

I have a unique situation. I am an NRI and planning to invest in real-estate construction business passively in India with friend of mine, who has established incorporated construction business in India.

Since the company he as is on his and his wife's name, he says he would give sale agreement for certain square feet for the property as a guaranty for the invested amount but will also have an MOU between the company and myself that describes my share in the proposed venture.

The sale agreement can be on the new venture where I am interested to join or any other existing properties he has them under construction.

 

I see this as a fair deal but would like to seek legal opinion on this matter. Please advise.

Thanks!

Ram



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     08 August 2014

Agreement of sale is only a security for your investment, which has got only 3 years of validity from the date of execution.

It is better to join with them as a one of the shareholders of the co.,

RAM (Other)     09 August 2014

Thank you! for your quick advise. Sir.

But there will be an MoU between the Construction Company and investor ( in this case me). Would this protect my interests as an investor ? 

If I need to become share holder of the construction company, what would the procedure ? Please let me know.

 

Thanks!

Ram


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