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RajaRajachozhan (retired )     31 March 2015

Parties to sale deed

Dear Sir/Madam

A,the owner of the Land enters into Joint Venture Agreement with B (builder) for construction Flats.They share the UDS and the built up area in the proportion of 35:65.   The builder can convey his portion of UDS and recover the cost of construction from the prospective purchaser.   This is the consideration from the owner to the Builder.   The owner has given General Power of Authority to the Builder for all necessary transactions including execution of Sale deed for his portion of UDS.(while at the same time reiterating that he (owner) is the absolute owner of the land.

I want to purchase a Flat of the Builder. Narrating the events of Joint Venture agreement and the fact of General Power of Authority, Can I enter into a Sale Deed with the Power Agent in view of the GPA ?  The Power Agent is signing the Sale deed representing the Owner.   Is it alright?


 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     31 March 2015

yes. enter into a Sale Deed with the Power Agent in view of the GPA.

Veeranjaneya (Advocate)     01 April 2015

1.  The recitals in the sale deed section should lay down the JVA & GPA details.

2.  JVA & GPA should be registered.

3.  .They should have an occupancy certificate.

4.  Get a good advocates opinion.

You will be good to go!

T. Kalaiselvan, Advocate (Advocate)     04 April 2015

Yes, there is nothing in the procedure being followed.  It is the usual procedure being followed throughout, however as a safety measure, you may take an opinion from a local advocate showing the relevant papers to him and proceed.

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