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Wednesday, July 24, 2024

Promoters must ensure legal title on the project land; UP-RERA

Uttar Pradesh real estate regulatory authority (UP-RERA) has directed the promoters to ensure that they have legal title over the land on which they are applying for registration of the project.

In case, the project land is not in the ownership of the promoter but in the ownership of some other person or persons, the promoter must have the consent of such land owner for the development of the proposed project and must have a registered joint development agreement to this effect with the land owner.

RERA has also directed the promoters to file an affidavit to the effect that the project land is free from encumbrances and to disclose the same if there is any encumbrance on the land of the project.

Sanjay Bhoosreddy, chairman, UP-RERA said that the provisions of RERA are very clear that the promoter shall obtain the C.C./O.C. of the project and transfer the title of the unit to the allottee by way of a registered sale deed or sub-lease deed, as the case may be.

These orders became necessary because in the absence of the title over the project land or the consent of the land owner and a registered joint development agreeement (JDA) with him, it is not legally possible for the promoter to convey the title to the allottees along with their proportionate shares in the project land.

It also poses problems before UP-RERA in deciding the application for registration of the project if the promoter does not have the legal title over the land or alternatively he does not have the written consent of the land owner and a registered joint development agreement with such land owner.

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