JOINT DEVELOPMENT AGREEMENTS EXECUTED FOR APARTMENTS AND LAYOUTS – UNDER REVISION – STAMPS AND REGISTRATION DEPARTMENT –


THE STAMPS AND REGISTRATION DEPARTMENT HAS DETECTED TAX EVASION IN THE JOINT DEVELOPMENT AGREEMENTS EXECUTED BETWEEN THE LAND LORD AND THE DEVELOPERS AND BUILDERS AND HAS REOPENED THE FILES BY ISSUING NOTICES TO THE CONCERNED LANDLORDS AND THE BUILDERS/DEVELOPERS.

IT IS FELT THAT THE DUTY LIABILITY ALONG WITH THE FINE WILL BE IN TUNE OF CRORES FOR THESE PROJECTS, THE BUYERS MIGHT ALSO FEEL THE HEAT OF THIS INVESTIGATION.

EVEN THOUGH, SOME SUITS ARE BEING CONTESTED IN THE HIGH COURT, BUT NONE OF THEM HAVE REACHED ITS FINALITY AND WITH THE FRESH NOTICES, THE SITUATION FOR THE DEVELOPERS AS WELL AS LAND LORDS APPEAR TO BE VERY GRIM.

WHY SCRUTINY AND EXAMINATION OF PROPERTY DOCUMENTS AND VERIFICATION OF THE TITLES REQURIED?


It is advised to conduct a thorough scrutiny/examination of the property documents, licenses, approvals, katha and related clearances from an expert advocate, before entering into an agreement of sale.

The Sale Agreement and The Sale Deed are very important documents, which must be drafted with utmost care and all relevant details regarding the acquisition of the property, flow of titles, approvals, consideration, conditions and clauses must be incorporated as per the prevailing and enforceable laws.

The entire exercise of this examination is to ensure that the titles are in order and also to avoid the futuristic litigation.  But, this process, if diligently conducted, will provide a picture of the property titles, whereupon the purchaser can decide either to buy or to withdraw from the purchase, based on the report or opinion.

The Advocate cannot/might not promise or assure that there will not be any future issues or litigation. 

The Advocate  can study, scrutinise and examine the documents submitted and explanations given/provided by the seller and REPORT HIS VIEWS OR FINDINGS to the purchaser.  Based on such a report/view/opinion, the purchaser can decide, whether to buy it or not.

This study and examination is intended to avoid buying properties with defective titles or properties with discrepancies.