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PK (xxx)     18 July 2012

Joint development agreement in the context of absolute owner

 

I am contemplating to buy a property in a BDA Approved layout in Bangalore as most of the documents/title are verified by my lawyer but i got into a fix while trying to execute a sale agreement which is when my lawyer insists that all the owners(say ‘a’ and ‘b’ owners of surveys 1 and 2 respectively) in which my site is derived from, must be included as ‘VENDORS’ and all of them should sign BUT developer rejects this stating as per the Joint Development Agreement which was made for forming this layout it has been clearly told that person 'c' gets the list of sites that are derived from the survey's 1 and 2 hence person 'c' is the absolute owner of the particular site i am thinking to buy and he would only sign the papers.

Developer claims person 'c' is the Absolute owner of this site due to JDA. My Lawyer rejects this point stating title cannot be transferred by way of JDA. What is your stand on this?

Does the absolute owner of sites change after JDA is executed so that these original absolute owners('a' and 'b') do not need to be called in for any further sale considerations/transactions ?

 

Please explain as i seem to be getting different versions from couple of lawyers i checked. 

This forum seem to have a lot of legal experts, hope i get some clarification here based on what the law says in terms of the weightage of JDA around the title. 

 

Thank You

 


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