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milind   12 March 2018

Builder shown as developer,landowner shown as vendor in SA

I am about to purchase a flat in a completed project (completed 2 years ago) from the landowners share of flats,directly from the landowner.
The project is a joint development between the builder and the landowner and they have registered the Joint Development Agreement(JDA). 

The JDA does not have the list of flats and allotment mentioned in it but only undivided share of land in percentage is mentioned.
The list of flats and allotment of flats is mentioned in another supplementary agreement which is unregistered. 

As per the advice of my lawyer,I informed the landowner that I'll go ahead with the purchase only if the builder is shown as a Vendor in the sale agreement since supplementary agreement is unregistered.
The landowner said that he spoke to the builder and that they have agreed to this condition.

So today they gave me another draft copy of the sale agreement in which the builder is mentioned as the Developer and landowner as the Vendor.Is this acceptable?

I told them very clearly to mention the builder as a Vendor.But they have shown the builder as the Developer,just below the Vendor's details on the front page.


 2 Replies

Vijyant Nigam (09807349001) (Advocate)     13 March 2018

landowner should be the vendor because he is the title owner of the property and builder has no power to execute sale deed as the builder is not the title owner of the property.
1 Like

milind   13 March 2018

Thank you for replying.So is it ok if the builder is mentioned as Developer instead of Vendor?

The ownership or sharing of flats is in the supplementary agreement which is unregistered.The JDA is registered but it does not contain flat sharing and allotment between builder and landowner.

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