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Right of Ownership

(Querist) 17 March 2009 This query is : Resolved 
Under a construction Business, If A Builder make a Development Agreement & POA with Land Owner for certain amount for more than 10 years & treated in his book as Stock in trade. The ownership of that land is with Land Owner or with Builder? Who is liable to pay wealth tax on that land? Land is urban Land having todays market value of 35 lakhs.

Thanks in Advance.
sanjeev murthy desai (Expert) 17 March 2009
Dear Prashanth,

Absolutely Land ownership is helding with the land Owner. And it is also depend upon development agreement, please go through the complete JDA and POA you can also find out undivided interest which are alloted to the parties.

Wealth tax is depend upon their agreement, commonly it is duty of the land owner.

sanjeev desai

M. PIRAVI PERUMAL (Expert) 17 March 2009
I agree with Mr. Sanjeev.
n.k.sarin (Expert) 17 March 2009
I also agree with the opinion of Mr.Desai
A. A. JOSE (Expert) 18 March 2009
I too endorse view of Mr.Desai
Hiralal Das (Expert) 04 April 2009
I agree with the opinions of my learned members friend. You may follow them which should the proper ways to solve the problem.


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