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A development agreement is a voluntary contract between a local jurisdiction and a person who owns or controls property within the jurisdiction, detailing the obligations of both parties and specifying the standards and conditions that will govern development of the property.
Simply put, joint development is the simultaneous improvement of a transit system and the surrounding real estate coordinated between the transit agency and real estate developers.
A development agreement is not required to be registered. This includes all construction contracts given to a developer. However it attracts a stamp duty of 4% of the market value of the property, subject to a maximum of Rs. 4 lakhs.
A JDA is a legal contract that allows land owners and developers to come together, for the purpose of developing land. At present, JDA is a common form of property development in India across sectors.
The department has now clarified that only Rs 200 will be charged towards stamp duty and registration fee for GPA related to JDA. The JDA, wherein the land owner and the developer agree to share the developed property, is widely used by the builders.
While the former is a deal between multiple parties to work together for accomplishing a specific task which may or may not include a real estate project, the latter is restricted only to the development of a property.
Joint Development Agreement should be registeredThe Joint development Agreement between the builder and the landowner must be registered in the sub registrar. It is one of the common practices to get the joint development agreement notarized or sign it on stamp paper of Rs 200/.
As per article 5 (g-a) and article 25 (b) to ScheduleI of the Bombay Stamp(BS) Act, 1958, stamp duty on development agreement and conveyance is leviable at the rate of one and 10 per cent respectively on the market value or consideration set-forth in the instrument, whichever is higher.
Joint Development Agreement (JDA) It is an arrangement between the Land owner and the Builder/Developer, where the Land owner contributes his land and the Developer takes the full responsibility of obtaining approvals, construction, launching and marketing the project with the help of financial resources.
Development agreements are contracts approved by the Planning Commission and Board of Supervisors entered into by the City and a developer to expressly define a development project's rules, regulations, commitments, and policies for a specific period of time.