# JDA essentials: sharing, control and co-promoter questions | NXS48

How landowner consideration, development rights, RERA responsibilities and tax assumptions interact.

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Landowners

How landowner consideration, development rights, RERA responsibilities and tax assumptions interact.

[NXS48 editorial](/editorial-policy/) · Owner-approved for publicationLast reviewed 2026-10-24

## On this page

1.  [What should a JDA define beyond the sharing percentage?](https://nxs48.com/knowledge/joint-development-agreements/#what-should-a-jda-define-beyond-the-sharing-percentage)
2.  [Can a landowner also be a promoter?](https://nxs48.com/knowledge/joint-development-agreements/#can-a-landowner-also-be-a-promoter)
3.  [Related reading](https://nxs48.com/knowledge/joint-development-agreements/#section-related-reading)
4.  [Related service guides](https://nxs48.com/knowledge/joint-development-agreements/#section-related-service-guides)
5.  [Contact us for a tailored proposal](https://nxs48.com/knowledge/joint-development-agreements/#section-contact-us-for-a-tailored-proposal)

## What should a JDA define beyond the sharing percentage?

A JDA should define the land, development rights, consideration, timing, approvals, funding, sales authority, security, reporting and default consequences. Area sharing needs an allocation and measurement basis; revenue sharing needs a definition of receipts and deductions. The headline percentage alone cannot show whether two offers provide comparable obligations or risk allocation.

Test the assumptions about land extent, FSI, TDR and sanctions. Align the power of attorney and financing documents with the agreed limits. Obtain tax advice before execution, not after an event has already created consequences.

## Can a landowner also be a promoter?

Section 2(zk) defines promoter by the actual role and includes the specified situation where development and sale are carried out by different persons. A passive-landowner label does not decide the issue. Examine the agreement, sale rights, disclosures and applicable directions; internal indemnities do not necessarily remove statutory obligations owed to buyers or the Authority.

Order 56/2024 addresses multiple-promoter bank arrangements. Later transfers may engage Section 15. No sharing structure or tax result is recommended without the specific documents and professional assessment.

### Official sources

-   [RERA Act, Sections 2(zk), 4 and 15](https://maharera.maharashtra.gov.in/sites/default/files/acts/Real_Estate_Act_2016.pdf)
-   [MahaRERA Order 56/2024](https://maharera.maharashtra.gov.in/sites/default/files/notice_board_files/Order_56_0.pdf)

Read [JDA structuring](/services/landowner-joint-development/joint-development-agreement/) and [landowner tax review](/services/landowner-joint-development/landowner-tax-advisory/).

Editorial source check: 2026-10-24. Owner-approved for publication. No independent professional legal review or named professional authorship is claimed. “Last reviewed” records an editorial update, not legal sign-off. Check applicable amendments, orders and case-specific law before reliance.

General information, not legal advice. [Authorship and review policy](/editorial-policy/).

## Related reading

-   [TDR and FSI: potential is not permission](/knowledge/tdr-fsi-explained/)
-   [Section 15: changing the promoter without losing the obligation record](/knowledge/section-15-change-of-promoter/)

## Related service guides

-   [Power of Attorney (PoA) Scrutiny](/services/redevelopment-desk/power-of-attorney-scrutiny/)
-   [Joint Development Agreement (JDA) Structuring](/services/landowner-joint-development/joint-development-agreement/)
-   [TDR & FSI Audit](/services/landowner-joint-development/tdr-fsi-audit/)
-   [Land Aggregation & Title Clearance](/services/landowner-joint-development/land-aggregation-title-clearance/)
-   [Landowner Tax Advisory (CA)](/services/landowner-joint-development/landowner-tax-advisory/)
-   [Real Estate Tax & GST Advisory for Developers (CA)](/services/developer-compliance/developer-tax-gst-advisory/)
-   [Investor Due Diligence on Real Estate Projects](/services/banks-lenders-investors/investor-project-due-diligence/)

[Maharashtra regulatory context](/states/maharera/) · [All 25 explainers](/knowledge/)

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