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raneps   21 January 2015

Development agreement power of attorney

Hi,

 

I am planning to invest in a piece of land, near Pune. The developer has land ownership on his name including 7/12 extract, however, as it is an agricultural land, me (or many retail buyers like me) cannot buy it, unless, we have some farming background. The developer is going to execute DAPA (Development Agreement Power of Attorney) with us. How safe it is to have DAPA done without actual sale of property to my name? What could be issues going forward (transition to my heirs, etc.)?

 

 

Thanks in advance...

 

Pratap Rane

9657711661



 1 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     21 January 2015

• Obtain 7/12 Utara from the respective revenue office. Please read this page for details on 7/12 Utara. Do not rely upon photo copies of the documents provided by the seller.
• Make sure there is no outstanding loan, taxes, mortgage, claims, court case – generally 7/12 Extract will have these details
• In case there are multiple owners on 7/12 Extract, make sure all of the owners sign on the sales deed/ agreement. This is most common cause of subsequent lawsuits.
• Hire title search lawyer and verify ownership details and liability details of past 30 years.
• Even if you full cash, try to borrow a small portion of the amount from the banks, because banks (more so nationalized banks) verify titles and other legal aspects before sanctioning the loan. It takes time but it is worth the wait.
• In case the land is owned by deceased person and name of his or her legal heir are not updated on the 7/12 Extract, avoid purchasing such plot until the names of the legal heir are updated in the 7/12 Extract. In short, do not purchase based on affidavits, undertakings, or Will. You must purchase from the current alive legal owner.


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