Whether the deed of declaration and joint development agreements are enforceable in court of law without paying stamp duty?
No document transferring any right, title and interest in any property of the value exceeding Rs. 100/- except Will is enforceable in a court of law without payment of stamp duty and registration charges. If such documents are to be enforced belatedly, one time duty and ten time penalty is payable on such document before enforcing or admitting such document in evidence in a legal action.
Further, the joint development agreements should contain details of sharing ratio between the owner and the developer of the constructed area. In the absence of this, a separate agreement is to be executed between them for sharing the constructed area. The developer would be entitled to his share in the constructed area only upon completion of the project and in cases where the project is abandoned by the developer for obvious reasons, it would be difficult for the developer to enforce his rights and entitlements in the apartment building.