Model Joint Development Agreement

The two sides are meeting with the common intention of developing the land and sharing the revenues related to the sale of the built land in the countryside. However, the landowners give the right to use the land to the developer, for which the developer gives the land development service of the owners. While the joint development agreement is concluded for both parties to share the benefits of selling the land to customers, there is a clear provision of a service from the developer to the landowner when developing the land owned by the landowner. Therefore, we are celebrating that the land development activity is a service of the complainant. The transaction is only carried out outside GST net if it is exclusively a transfer of ownership or transfer of ownership of real estate land. If the land sale transaction is related to another activity, such as infrastructure works, this exclusion does not apply. Therefore, the content of the agreement between the parties is important. It is clear that the transaction between the landowner and the complaining developer is not a sale of land, but involves obligations to develop the land and provide infrastructure/amenities. It is an element of the service provided by the applicant in the form of land development which constitutes the dominant activity of the agreement.

Let me clarify that, by registration, I believe that the joint development contract between the developer and the landowner should be registered with the office of the sub-registrar. One of the most common practices is to have the Joint Development Agreement (JDA) notarized certified or signed on the stamp document of Rs 200/= The same agreement is submitted to the potential buyer as a registered joint development agreement. That is not right. .

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