Question And Answer
Subject: Sec. 45(5A)
Category: 
Querist: CA Kiran Kanani
Answered by:
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Date: October 9, 2025
Query asked by CA Kiran Kanani

Landowner in JDA getting one flat in kind and balance area to be sold under revenue sharing 60:40.

Promoter selling under construction flats with agreement to sell prior to completion certificate.

Does it amount to creating third party rights before cc , liable to violations of provision of 45(5A).

Plz Guide

 

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Answer given by

Assuming the project is RERA-registered, the agreement to sell is standard and permitted for under-construction properties. It does not violate RERA or Section 45(5)



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