Is supplementary deeds requires registration for legality

This query is : Resolved 

21 April 2009

A land owner entered into a development agreement cum GPA 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.

can the owner entered into agreement of sale for the flats allotted to his share or executed sale deed without joining the developer as a party in the deeds during the period of construction and after completion of the construction based the unregistered supplementary deed will it legally valid.

Y V Vishweshwar Rao (Expert)
21 April 2009

The Development Agreemetn is to construct

The GPA is in favour of Developer in respect of the Developer share only - no GPA is given by Owner on his share of Flats . The Owner can directly sell the Flats allotted to him as he holds title on them and he can take a declaration from the Developer that all his claims for contsrcution of the said Flats are settled and he has no claims .

if the GPA is in respect of the total Flats , after apportionement of the Flats , the GPA part in respect of owners Share can be revoked and Owner himself can sell the Flats .

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