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Advisory for landowners and joint-development partners

Title clearance, JDA review, TDR and FSI checks and tax considerations for landowners.

Last reviewed 2026-10-24

A landowner entering a joint development is often contributing the one asset that cannot be replaced. The agreement decides how area or revenue is shared, who the promoter is under the RERA Act, and what happens if the project stalls. Reading it only for the headline share misses most of the risk.

NXS48 brings the advocate, the Chartered Accountant and the technical reviewer into the same conversation. Advocates review title and the agreement; Chartered Accountants look at capital gains and GST questions raised by the structure; engineers and architects review FSI, TDR and plan assumptions behind the numbers the developer has offered.

Situations we are asked about

  • Receiving a joint development proposal on inherited or family land
  • Checking whether the land’s title and revenue records are in order before negotiating
  • Understanding whether the landowner may be treated as a co-promoter for a project
  • Aggregating adjoining parcels and settling occupants
  • Understanding tax consequences before signing

Legal touchpoints

  • RERA Act, 2016, definition of promoter and Section 4 disclosures
  • Maharashtra Land Revenue Code, 1966 records of rights
  • Income-tax Act, 1961 and GST law for the transaction structure
  • Development control regulations for FSI and TDR

Frequently asked questions

Is a landowner always a promoter under RERA?

Not necessarily. The definition of promoter in Section 2 of the Act is broad and the position depends on the role the landowner plays under the agreement. This needs a case-specific legal review.

Why does tax appear in a landowner engagement?

Joint development can trigger capital gains and GST questions that depend on the structure chosen. A Chartered Accountant reviews these alongside the legal terms so the landowner sees both before signing.

Contact us for a tailored proposal

Tell us about the property, project or dispute. We scope the work first and prepare a proposal for it.