DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT is made and executed on this ____ day of May
2022, by and between:-
SRI MR.SHAIK SHAH ALLAM S/o SHAIK BAJAN, aged about -- years,
Occupation: Business , R/o H.No. 4-109 plot no 152 mithila nagar colony
jillalaguda saroornagar meerpet,hyderabad, T.S.
(Hereinafter called as the OWNER/GRANTOR which expression shall mean and
include all his legal heirs, legal representatives, successors, executors, administrators,
assignees etc., of the FIRST PART).
AND
1. MOHAMMED ABDUL BASEER S/o Late. MOHD ABDUL RASHEED aged about
41 years, Occupation: Business, R/o H.No. 19-5-17/A/56, kishan bagh shareef
nagar bahadurpura,Hyderabad, 500064,T.S
2. MOHAMMED ABDUL RAHEEM S/o LATE MOHAMMED ABDUR RAHMAN, aged
about 50 years, Occupation: Business , R/o H.No.8-1-398/E/3,I A S, Colony,
Tolichowki, Hyderabad, 500008,T.S.
3. ABDUL HAMEED S/o Late Mohd Abdul Rasheed 44 years, Occupation:
Business, R/o H.No. 19-5-17/A/56, kishan bagh bahadurpura Hyderabad, T.S.
(Hereinafter called the DEVELOPERS/ATTORNEYS which expression shall mean and
include all their legal heirs, legal representatives, successors, executors, administrators,
assignees etc., of the SECOND PART).
WHEREAS the First Part, herein is the absolute owner and peaceful possessor of
agricultural land bearing survey No./824/3, measuring Ac.0.27 gunta and in survey
No.274 measuring Ac.2.38 guntas, which totaling to Ac.5.00 guntas or equivalent to 2
Hectors situated at Alampally Village, Vikarabad Nagara Panchayat, Ranga Reddy
District, T.S., having purchased the same under a registered sale deed bearing
document No.33/1998 of Book-I, Volume 594, pages from 203 to 210, registered at the
office of Sub-Registrar, Vikharabad, Ranga Reddy District, T.S., and the Revenue
authorities mutated the name of party of first part in the revenue records and the
Mandal Revenue Officer Vikharabad Mandal, Ranga Reddy District, T.S., issued Patta
Pass Book No.372049 and Title Deed No.304521 vide Patta No.747 in the name of party
of first part herein. The above said agricultural land is more fully described in the
schedule of property and hereinafter referred to as Schedule Property for brevity sake.
AND WHEREAS the party of the First Part, herein has intended to develop the schedule
land but the party of the First Part herein has no sufficient Finance and Technical
assistance and as such he intended to give the schedule land on development to the
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parties of Second Part and thus offered to the developers herein on the sharing ratios
as 55% : 45% i.e., 55% share of land to the owner / first part and 45% share of land
to the developers/attorneys in developed land and the developers/second part herein
have accepted the above offer of the Owner/First Part to develop the schedule land on
the above said sharing ratio.
AND WHEREAS both the parties herein felt it necessary to reduce the terms and
conditions into writing to avoid any misunderstandings, disputes, misconceptions, etc,
that may arise in future between them and hence execution of these presence.
NOW THIS DEVELOPMENT AGREEMENT-CUM-IRREVOCABLE GENERAL
POWER OF ATTORNEY WITNESSETH AS FOLLOWS :-
1. The Owner/Grantor do hereby offer for development of the schedule property to
the Developers/Attorneys who do hereby accept to develop the same.
2. The sharing ratio of the developed area between the parties to this Agreement
shall be 55% to the Owner/Grantor and 45 % to the Developers/Attorneys.
3. The developers/Attorneys have already paid a sum of Rs.50,00,000/- (Rupees
fifty lakhs only) to the land owner i.e., Rs.00,00,000/- (Rupees --- lakhs only) on 00-00-
00 and Rs.00,00,000/- (Rupees -- lakhs only) on 00.00.2022 by way of cash, which
totaling to Rs.00,00,000/- and also paid a sum of Rs.00,00,000/- (Rupees -- lakhs only)
by way of cheque bearing No._________ dated _______ drawn and payable at
______________________ to the Owner/Grantor towards refundable security deposit
and the owner / grantor has admit and acknowledges the receipt of above said total
amount of Rs.50,00,000/- (Rupees fifty lakhs only) and passed separate receipts of
above said amounts.
4. The Developer/Attorney shall obtain all clearances and permissions from the
statutory authorities including revenue authorities at their own cost and make the
schedule property fit for valid transfer.
5. The parties of the second part shall prepare a comprehensive plan followed by
the by Laws of FARM LAND for the development of schedule land to be developed by
them and shall submit the plans along with necessary application forms and papers to
the Revenue Authorities and get them sanctioned.
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6. The party of the second part shall bear all expenses and preparation of the said
plan, shall pay the necessary fees to the revenue authorities and other concerned
authorities.
7. The party of the first part hereby agreed and undertake not to sell or deal with
or dispose or alienate or otherwise enter into agreement, in respect of the schedule land
with any person(s) or act in any manner inconsistent with or prejudicial to or in
contravention of the agreement of the declaration made by the owner of this agreement
and also the party of the first part indemnifies the parties of the second part regarding
the title from any possible disputes.
8. The parties of the second part shall take total responsibility of development as
per the specifications and as per the plan which is approved by FARMLAND. The Parties
of the First Part shall not be entitled to interfere in the development activities in any
manner or obstruct the parties of the second part in development or take any decision,
enter into commitments etc. and is also specifically precluded from entering into any
agreement of sale(s) regarding the 45% share which fell to the share of the parties of
second part in the developed area or otherwise to any person or body whatsoever. So
also parties of the second part are precluded from entering into any agreement of
sale(s) regarding 55% developed area which fell to the share of the first part.
9. The parties of the first part hereby assures and covenants with the parties of the
second part as follow:
I). That the party of the first part is the sole, absolute and exclusive owner herein,
there is no other person(s) having any manner or right, title, share, claims or interest in
the schedule property.
II). That there are no prior agreements, court orders, attachments, dispute or
litigations or any tax and or revenue attachments notices of requisitions from
Government of Tax or other authorities in respect of the schedule property or relating
thereto.
10. In consideration of the parties of the first part having granted right to the parties
of the second part to develop the property, the parties of the second part hereby
agrees and covenants to give the parties of the first part way of consideration as
follows:
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I). The parties of the second part have agreed to give 55% of developed area of the
schedule property to the party of the first part at the agreed terms and development in
the ratio of 55 % to the first part and 45% to the second part as follows.
11. Further the parties of the second part shall with their own funds shall develop
and deliver 55% of the developed area to the party of the first part. The remaining
45% of the developed area shall be the property of the parties of the second part and
has a right to alienate the same to prospective purchasers.
12. That both the parties of the first part and the parties of the second part hereby
agree that any difference in area allotted shall be adjusted or by paying to either party
the prevailing market price of such developed area either way.
13. The entire cost of the development of schedule property till it is completed and
all costs of the proceedings in relation of the proposed development shall be borne by
the parties of the second part only and the parties of the first part shall have nothing to
do with the same.
14. After completion of the development the parties of the second part shall deliver
the possession to the parties of the first part 55% of the total developed area entitled
under this agreement after obtaining acknowledgement in writing from him and shall
retain their share of developed area as per this agreement. However, the parties of the
second part either during the development or after completion of the development shall
be entitled to enter into any agreement of sale or obtain advances, from the customers
for purchase of plots and other spaces falling to the share of the parties of the second
part, to the extent of their 45% share.
15. The parties of the second part shall complete the development work within (___)
months and the grace period of (__) months from the date of Receiving approved plan
for development of schedule land or from the date of delivery of physical possession of
the schedule property by the first part to the second part which is later.
16. That if the development work will be delayed or stopped due to any complaints
by third or parties or due to any natural phenomena by act of god, the period of delay
of development shall be added to the stipulated period.
17. The parties of the second part are entitled to:
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I). To sign and submit applications, petitions, appeals, letter etc., to obtain requisite
permission, sanctions and clearance as may be needed to develop the property from
revenue authorities and government and semi government organizations.
II). To apply to Transco or TSCPDCL for requirement of electricity connection
transformers, to the water works department for water connection to the drainage
department for drainage connection or to any government authority.
18. All expenses and costs of transfer of the 45% share allotted to the parties of the
second part including stamp and registration charges of such sale deeds shall be borne
either by parties of the second part or their nominees.
19. The parties of the first part has handed over all the copies of the sale deed and
other documents with regard to the title of the schedule property to the parties of the
second part and the parties of the second part after perusal is completely satisfied
about title of the schedule property.
20. The parties of the first part shall be responsible for payment of all arrears
revenue cist and land tax if any in respect of the schedule property up to the date of
this agreement. They shall pay all these arrears before the commencement of
development work.
21. The party of the first part shall present the original sale deed of the schedule
property and its link documents to the authorities or to any other party, as and when
required. The original sale deed and link documents shall be kept in the custody of the
first party up to the date of completion of development work or completion of sales
transaction to the extent developers/second part share and handing over of possession
to the extent of 45% to the second part.
22. No amount shall be paid by the party of the first part to the parties of the second
part towards any expenses whatsoever. The parties of the second part shall handover
55% share of developed land in all respects to the first part, within the stipulated time
by obtaining all necessary permissions from the revenue department.
23. The parties of the second part shall carry on the development work of the parties
of the first part share of 55% along with their 45% share of development area
simultaneously and the progress of work in respect of both shares.
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24. The parties of the second part shall provide the amenities as follows:-
AS PER FARMLAND NORMS
i. Formation of Road and B.T. as follows:-
a. Laying of WBM road with 65 mm one layer.
b. Black top road one inch with paver after compaction.
ii. Formation of Footpaths.
a. Laying of C.C. Kerbing with machine to all footpaths with a height of one fit with
good finish.
b. Filling of morrum in footpaths upto kerbing top level.
c. Colouring to kerb stones, base black and white with oil paint.
iii. Plantation
a. Supply and planting of avenue plants on either side of the road .and plot area
plantation is mamidi ,sapota jama,allaneredu and errachandanam
iv. Electrical
a. Errection of electricity poles of 11 KV (9) meters height.
b. Three phase wiring, one newtal and one street light wire, total (5) wires to be
connected (including transportation etc., complete).
c. Purchasing of Transformers 100 KV with all accessories, fixing on column,
transportation labour etc., complete.
d. Street lights with fitting to be brought by owner and to be fitted by developer
further any kind of work subject to requirement of site condition to be done by
the developers.
25. If any dispute or difference arises among the parties in respect of this
agreement, the same shall be referred to the arbitrator or arbitrators mutually selected
for the purpose. The award of the arbitrator or arbitrators in respect of such difference
or dispute shall be final on all parties subject to the provision of law that may be
enforced.
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26. The name of the proposed layout shall be _________________________.
NOW THEREFORE THIS DEED OF GENERAL POWER OF ATTORNEY
WITNESSES AS FOLLOWS:
i. To prepare plans of the proposed layout by an authorized architect and submit
the same to the revenue authorities along with other requirements for approval. For
such purposes to sign on applications, plans etc., wherever necessary and to do all
needful acts to that effect on behalf of the owner/first part.
ii. To carry out development work themselves or by appointing skilled contractors,
engineers etc., and for such purpose to enter into contract, sub-contracts etc.
iii. To negotiate with and enter into agreement of sale, for sale of plots to any
intending purchaser or purchasers from the 45% share which the Developer/second
part are entitled to,. At rates of their choices, and receive advance amounts and
discharge proper receipts for the same by executing proper deed (s).
iv. To look after and safeguard the Schedule Property and its maintenance during
the course of development of schedule property.
v. To apply for and obtain necessary permission and certificates as may be required
from time to time for development or for obtaining amenities and facilities in the
proposed layout or as may be required for any other purpose in respect of the
Schedule property by fulfilling all the required formalities. For such purpose, the
Attorney holders are empowered to pursue matters before the revenue authorities,
electricity department, Water Works Department and Sewerage Department, U.L.C
Authorities, the Government, etc.
vi. To appear before any Court of law if any litigation arises in respect of the
Schedule property on any matters connected thereto; and if necessary to appoint
advocates, to pursue the cases or to compromise the same to fulfill all required
formalities for such purposes as may be required from time to time till finalization of
such cases.
vii. To prepare relevant Sale Deed(s) in favour of the intending purchaser (s) in
respect of the developed area comprising the share of the developer in the proposed
layout and to present such instruments in the concerned registration office and get the
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same registered by receiving the agreed consideration amounts and to put the
prospective Purchasers in actual physical possession of the plots purchased by
him/her/them in the proposed layout.
viii. To enter into the agreement of sale and receive the sale consideration and to
pass receipts for the same and transfer their 45% share of said schedule property to
the agreement holders or their respective nominees by way of sale and to execute and
register the sale deed (s) in favour of the prospective purchaser’s and to present the
sale deeds executed by them in favour of the purchasers before the concerned
registering authorities to submit the execution and to procure the registered sale deed
(s) in respect of 45% developed area falling to the share of the developers/second part.
ix. That both the parties may enter into supplementary agreement by binding the
conditions of this main Agreement.
SCHEDULE OF PROPERTY
All that agricultural land bearing survey No.824/ , measuring Ac.---- gunta and in
survey No.106/AA measuring Ac.0000 guntas, which totaling to guntas or equivalent to
---------------------------------------------------------------------------------------------Reddy
District, T.S., and bounded by:-
North :
South :
East :
West :
IN WITNESSES WHEREOF, the parties of the first part and parties of the second part
have signed this Development Agreement – Cum – General Power of Attorney on
reading the same in English and explained the meaning of the same in their vernacular
language and after under stood the meaning of the same in its true sense without any
fear, force, undue advantage or coercion on the day, month and year first above
mentioned in presence of the following witnesses.
WITNESSES Signature of First party
1.
2. Signature of Second party