• Joint construction

Hello,

My uncle owns a plot of land. We both are investing equally to build a commercial complex on this plot of land. We intend to divide the rental returns from this property amongst ourselves. In order to protect both of our interests and the interests of our future generation (nominees) what is the best way to get a legally binding document / agreement which protects both of our interests including our nominees (heirs).

1. My uncle and his nominees (2 children) will be retaining the title for the plot of land
2. Can my uncle gift or transfer the equity rights only to the constructed building and the rental income, but the plot of land of land should be excluded. 

So what kind of agreement/MOU/Gift deed we should get into amongst ourselves where in both of our interests (and nominees (heirs) in future) is protected for a term of 50 years? 
 Me and my uncle have a good mutual understanding and do not expect any conflicts, but how to ensure that there is no legal complications or mess in future which affects any of the interested parties.
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

If you and your uncle want to invest equally in vacant site owned exclusively by your uncle alone to build a commercial complex but the uncle do not want to give up his title  rights in the property, then it would be better that you both on the basis of a partnership agreement with mutually conditions therein, enter into a joint lease agreement with your uncle as a lessor and you and your uncle both as lessees on a monthly rental basis for a long term lease may be 50 years term. 

You both can share the rental income and other income augmented through the developed property equally or on the basis of the investment ratios 

You can add the clause that the income derived from the property shall devolve on the legal heirs of each deceased partner in the event of the death or either or both the partners till ther tenure of the lease agreement.

You can consult an advocate in the local and draw an agreement as well as the partnership deed suitable to the circumstances prevailing  at your end. 

T Kalaiselvan
Advocate, Vellore
87497 Answers
2348 Consultations

1) It is not in your interest that your brother should have full ownership of property 

 

2) your brother should transfer 50 per share of land and 2 floors constructed on said property to protect your interests 

 

3)if your brother is absolute owner he may sell the property without your consent even if you have agreement to share rentals 

Ajay Sethi
Advocate, Mumbai
97297 Answers
7859 Consultations

1. Let  your uncle execute a registered Joint Development Agreement with you within which the profit/rental returns to be shared can be inbuilt in it.

2.  Both of you can enter into Sharing Agreement, wherein each detail of sharing can be mentioned.

Shashidhar S. Sastry
Advocate, Bangalore
5428 Answers
330 Consultations

- Since, your uncle is the owner of that plot , then even you will contributed in the construction a commercial building , you cannot claim the ownership right over the same. 

- However, for sharing of the rent income , you  can enter into MOU with your uncle after narrating all the conditions in details , and registered the same . 

- Further , in case of death of uncle , his legal heirs can claim title of that plot/built up property. 

- Hence, to safe your interest , your uncle can transfer the equal right of that property in your name by way of registered Gift deed.

Mohammed Shahzad
Advocate, Delhi
14676 Answers
224 Consultations

Dear sir'/ma'am,

you can enter into a partnership deed where your uncle and you shall have 50-50% rights over the returns. since you are investing equally in it, you can claim that 50%.

your uncle can only make the nominee of his 50% share to his children or whomsoever he wants.

the sale deed/partnership agreement should be registered before you enjoy the fruits of the land and to avoid legal issues in future.

 

Anik Miu
Advocate, Bangalore
10308 Answers
121 Consultations

Make a deed of partition on the line of joint development agreement and then register it. 

Devajyoti Barman
Advocate, Kolkata
23292 Answers
519 Consultations

It cannot be protected for 30 years 

 

2) if they sell property you will have to file suit seek stay order 

 

3) please note that litigation is long drawn and expensive proposition 

Ajay Sethi
Advocate, Mumbai
97297 Answers
7859 Consultations

dear sir,

any document which has legally enforceable clauses will be valid and legally binding. you can make any clause in the document provided it is not illegal.

yes, you can make such a clause in the deed where your interest is protected no matter what, for better consultation, consult a near by lawyer.

Anik Miu
Advocate, Bangalore
10308 Answers
121 Consultations

You can enter into a registered lease agreement to lease the vacant site along with your uncle as partners for the joint development and can enter into the conditions for sharing the revenue derived out of the said property accordingly. 

You can even incorporate clauses for renewal of the said lease agreement beyond the period of the current lease agreement.

 

 

The registered lease agreement will only protect your interests in this regard and not a MOU.

The MOU may not be enforceable in the court of law when the dispute arises. 

You can talk to your uncle, discuss all the aspects and proceed with what is legally viable. 

 

 

 

Yes you may enter into a joint development agreement but it will be confined only to the development  and may  not extend for the period of 30 years as desired by you, hence it is pertinent that you enter into an agreement to that effect or include the clauses to protect your interests for the desired number of years. 

 

 

 

 

You were advised to discuss with a local advocate based on the relevant facts and documents in your possession to arrive at a consensus as well as mutually benefited decision. 

 

 

 

T Kalaiselvan
Advocate, Vellore
87497 Answers
2348 Consultations

Yes mutual registered MOU can do the needful with all the legal heirs giving consent

Prashant Nayak
Advocate, Mumbai
32714 Answers
208 Consultations

As per Section 10 of the Indian Contract Act, all agreements are contracts if they are made by the free consent of the parties competent to contract, for a lawful consideration and with a lawful object and are not expressly declared to be void.

- Further, a MOU is a statement of understanding between two or more parties which when made has no enforceability in the eyes of law , as such an agreement has no intention to create a legal bond between such persons. 

- But , when an MOU has been made as per section 10 of the Indian contract Act, then it is a valid agreement.

- Further , no stamp duty is required on MOU, but if the MOU for an agreement related immovable property worth more than Rs. 100/- , then it is mandatory to be registered and stamped .

- Further, if the MOU contains its expiration , then it lost its value , otherwise , the limitation period to challenge an MOU is 3 years from the ate of its execution .

- Hence, it cannot be made for 30 years. 

Mohammed Shahzad
Advocate, Delhi
14676 Answers
224 Consultations

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