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Home / Legal / Due Diligence / Hi, Is there a concept wherein multiple people purchase land on their names and subsequently construct apartment for each of them? There will be a land sale deed in the name of multiple buyers and partition deed of each apartment. If yes, then What are the pros and cons?
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Hi, Is there a concept wherein multiple people purchase land on their names and subsequently construct apartment for each of them? There will be a land sale deed in the name of multiple buyers and partition deed of each apartment. If yes, then What are the pros and cons?

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Yes, this concept exists in India and is often referred to as a

joint land purchase with individual apartment construction

. This involves a group of individuals collectively purchasing a plot of land, where the land ownership is shared among them through a

joint sale deed

. Later, each owner constructs a separate apartment or unit on the land, formalizing ownership of these units through a

partition deed

or

settlement agreement

. Here are the

pros and cons

of this arrangement:

Pros:

  1. Cost Savings:
    • Joint purchase reduces the financial burden, as the cost of land is shared among multiple buyers.

    • Construction costs can also be lowered through bulk procurement of materials and shared services.

  2. Customization:
    • Each individual can design and construct their apartment to suit their preferences, offering more flexibility than buying from a builder.

  3. No Builder Dependency:
    • The buyers have direct control over the quality, design, and timelines, avoiding delays and hidden costs often associated with developers.

  4. Shared Responsibilities:
    • Responsibilities for land registration, legal formalities, and construction management can be distributed among the group, reducing individual stress.

  5. Community Living:
    • Typically, such arrangements involve family members, friends, or like-minded individuals, fostering a sense of community and trust.

Cons:

  1. Legal Complexities:
    • Drafting and managing a

      partition deed

      can be complicated, especially if there are future disputes over shared spaces or boundaries.

    • Ensuring compliance with local zoning laws and apartment construction regulations can be challenging.

  2. Disputes and Conflicts:
    • Differing opinions on design, budget, or construction timelines may lead to conflicts among co-owners.

    • Issues may arise over common areas like parking, terraces, or maintenance responsibilities.

  3. Financing Challenges:
    • Banks may be hesitant to offer individual home loans unless the partition deed is registered and clear property demarcation is established.

    • Obtaining a joint loan for the land can complicate repayment responsibilities if one party defaults.

  4. Resale and Future Transfers:
    • Selling individual units can be more complex, as potential buyers may be wary of properties without clear builder-apartment structures.

    • The resale value may be affected if clear titles and partition deeds are not properly maintained.

  5. Regulatory Approvals:
    • Securing approvals for apartment construction, particularly for converting the property into a recognized housing society, can be time-consuming and bureaucratic.

Now protect your property investments from legal issues. Buy NoBroker Legal Services plan to ensure all the legal checks

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