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unregistered supplementary deed validity

(Querist) 21 April 2009 This query is : Resolved 
Sir,

A land owner entered into a development agreement with a developer and registered the same. Later the flats have allotted between owner and developer and entered into a supplementary agreement for allotment which is not registered.

In this circumstances can the owner entered into agreement of sale for his flat or executed sale deed with joining the developer as a party in the deeds
sanjeev murthy desai (Expert) 21 April 2009
Off course, he can enter sale agreement/sale deed with joining the developer as a party in the sale deeds with the proposed purchaser, in my view there is no issue.

sanjeev desai
Y V Vishweshwar Rao (Expert) 21 April 2009
1- The agreement is for development only

2- The Development /Cosntrcution cost is compensated by the Owner to Developer by givign some Flats ( accordignly the Cost is adjusted ) , the said alloted flats are beign sold by the owner or Developer , there is no hitch in execution and Reisteration of the Sale deeds by owner in favour of the purchasers , the Developer can also join as party- Vendor to show that he has no claim on the Flats beign sold by the Owner .

with regards !
n.k.sarin (Expert) 21 April 2009
Agreed with the view of Mr Desai and Mr Rao.
adv. rajeev ( rajoo ) (Expert) 21 April 2009
Mr. Sanjeev and MR. Rao are rightly advised u.
Vani prakash M.V. (Querist) 22 April 2009
Thanks for your guidance,

More than two land owners jointingly assigned their respective plots which are contiguous,for development on development basis to a developer and entered in to a Regd. Development agreement cum GPA. After the plans sanctioned by authories the flats are identified and allocated between the each owner and the developer in terms of the Development agreement. A supplement agreements jointly and seperately were executed and not registered.

can each owner sold their respective allotted flats without joining the developer in their sale deeds/ agreements.
Vani prakash M.V. (Querist) 22 April 2009
Thanks for your guidance,

More than two land owners jointingly assigned their respective plots which are contiguous,for development on development basis to a developer and entered in to a Regd. Development agreement cum GPA. After the plans sanctioned by authories the flats are identified and allocated between the each owner and the developer in terms of the Development agreement. A supplement agreements jointly and seperately were executed and not registered.

can each owner sold their respective allotted flats without joining the developer in their sale deeds/ agreements.
Y V Vishweshwar Rao (Expert) 22 April 2009
1-The GPA is for the entire Falts or not, /or / to the extent of Developer Percentage of Share ( which is subsequently alloted) , is not mentioned.

2- The Owner is holding title on the respctive alloted Flats , and can sell his respective alloted flats , he has to take no claim Certificate form the Developer and the other Owner.

with regards !


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