1. The landowners either by themselves or through their constituted attorney can sign the JDA. Through e-mail such agreement can not be signed
2. What is the duspute? Once you inform then further advice can be given.
Joint Development Agreement - Tamil Nadu
1) Does joint development agreement - unregistered document have to be signed by all owners themselves or can few owners abroad sign the document (via a representative/family member who is local) - whilst obtaining an email or message confirmation of the same. (Total owners 24 / no. of owners abroad 4) 2) What is the final document required for owners after a redevelopment as JDA is unregistered? is it previous sale deed, unregistered JDA, approval and sale PoA and copy of sale deed sold by developer?
Asked 28 days ago in Property Law
Religion: Hindu
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7 Answers
Development agreement has to be signed by all parties should be registered
if any co owner cannot sign he should execute POA in favour of family member to execute development agreement
further supplementary flat sharing agreement should be signed by all the parties
1. A joint development agreement must be signed by all owners , so that they can be bound with the terms and conditions of the agreement.
- Further, the person who is residing abroad , can give POA to any relative for signing the JDA on his behalf.
2. After redevelopment under an unregistered JDA, the final documents required for the owners should include the the original sale deed of the property,
It has to be signed by all owners or other POA and it has to be registered
All the shareholders have to sign the joint development agreement and it is pertinent that it has to be executed by a registered document.
An unregistered JDA may not be admissible as evidence in court.
If any shareholder is not available in the country then he or she may give a power of attorney deed in favor of any other shareholder to execute the same on her or his behalf.
A JDA should be registered with the sub registrar.
If a Joint Development Agreement is not registered, it is not valid in the eyes of the law and cannot be enforced under Section 53A of the Transfer of Property Act.
This is covered under Section 17 of the Indian Registration Act and Section 53A of the Transfer of Property Act. The registration of a Development Agreement is essential for the protection of the rights of the plot-owners and developers.
It is better to sign by all the owners signing the JDA. Message or email is not valid in law to Authorize a person .. only a written document alike general power of attorney notarized in the respective country will be valid in law
2. Previous sale deed, unregistered JDA, PROPERTY TAX ASSESSMENT, demolition and building approval all these documents are essential.
Dear Client,
In the Present Scenario, for the first query, as to whether the JDA has to be signed by all the owners, or some of the owners can sign via a representative or a family member. Here, generally, all the owners must sign the JDA so that the parties are legally bound by the terms mentioned in the agreement. However, if some owners stay abroad, then they may authorise a representative such as the family member, who may sign on their behalf, provided a Power of Attorney is provided for the same. For your second query, as to what documents are required for the owners after redevelopment, as JDA is unregistered. Here, usually, documents including the previous sale deed that serves as a proof of ownership of the original property, the unregistered JDA, that outlines the terms in the agreement between the owner and the developer, the other plans such as approval by local authorities, the Power of Attorney, if given as discussed in the first query, and copy of the sale deed that serves as a proof of sale by the developer.
Hope you find this answer beneficial for resolving the dispute.
