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Issue ID: 111643
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sale consideration in case of transfer of property to developer

Date 17 Mar 2017
Replies 1 Reply
Views 1556 Views
Asked by
Transfer under property transfer definition arises when land is given for development and landowner receives built-up area as consideration.
Whether a transfer occurred where a landowner gave a developer rights to construct a multistoreyed building in exchange for a 40% share of the constructed area, raising the question if the arrangement falls within the statutory transfer concept and how the landowner's in-kind entitlement should be characterised and valued as sale consideration; the respondent noted the query was not clear. (AI Summary)

I have made an development agreement with the developer to construct a multistored building on the land for A.Y 2016-17 which in return i will hold the 40%of the constructed area

.So whether the transfer took place as per 2(47) (V) read with sec53 A of the immovable property Act, and what will be the consideration amount.

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Replied on Apr 11, 2017
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