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Form 3 under Joint Development

Others 2021 views 23 replies
one of developer entered
into Joint development agreement with landowner, where developer will provide 50% of flat developed by him to landowner against land provided by him

pl clarify whether, there is two Form 3 (i.e
one from landowner and other from developer side) required for project registration under MAHARERA
Replies (23)

if landowner is not required to withdraw any amount from the Bank account, Why Form 3 to be filed for landowner?

Unless, the land owner is entitled to any amount of cash alongwith constructed area, as per JV agreement.

Form 3 MAHARERA act........" Certificate from a practicing chartered accountant other than the statutory auditor of the promoter, in Form 3, for the cost incurred on construction cost and the land cost. The practicing Chartered Accountant is also required to certify the proportion of the cost incurred on construction and land cost to the total estimated cost of the project. The total estimated cost of the project multiplied by such proportion shall determine the maximum amount which can be withdrawn by the promoter from the separate Bank Account. The promoter shall be required to follow the aforesaid procedure for every withdrawal from the Separate Bank Account till the occupancy certificate in respect of the project is obtained. On receipt of completion certificate in respect of the project, the entire balance amount lying in the Separate Bank Account can be withdrawn by the promoter."

Question arises...... if landowner is not required to withdraw any amount from the Bank account, Why Form 3 to be filed for landowner?

whether form 3 for developer should contains estimated sales price for all flats including flats provided to landowner

Yes

 

then how MAHARERA will know the estimated sales price of all flats in the project

As per JV agreement, promoter is only allowed to sell the units allotted to his shares. 

Ref.:: mahaonline.gov.in/Upload/circular

it means even though flats which he has constructed but not selling hy developershould not be considered in MAHARERA. How the landowner can sell his flats allocated to him against land given by him without showing in MAHARERA

As such Land owner is only co-promoter, and his responsibility and declarations are independent of Promoter.

CLARIFICATION%20ON%20CA%20CETIFICATES

sir, in this case, land owner is from uneducated background and therefore developer wants help from CA to take care of landowner's statutory liabilities and compliances. therefore whether landowner also required to get form 3 from CA practicioner

Yes, you are correct. You have to file  Form-3 for both.

thanks sir

Thanks to you & CAClubIndia.........

sir, similarly whether for both the forms, same CA can signed

and also what about gst on flats provided to landowner whether developer has to charge gst on flats provided to landowner against land provided by him

pl advise

1. Yes.

2. Yes. GST is liable to be paid when the possession or right in the property of the said flats are transferred to the land owner by entering into a 'conveyance deed' or similar instrument (e.g. allotment letter)..


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