A Bengaluru buyer liked a flat in a small apartment block built on what had been a family plot, and the seller, the original landowner, showed a confident file of papers. Late in the diligence, the buyer's lawyer asked a simple question: was this particular flat part of the landowner's allocation, or the builder's? The answer was not obvious from anything the seller had shown, because the flat sat in a building put up under a joint development agreement, and who owned which unit was decided not by who was standing in front of the buyer but by a sharing agreement neither party had thought to produce. Whose share a flat belongs to is the first thing to establish, and it is the thing buyers most often skip.

The short answer. Many Bengaluru apartments are built under a joint development agreement, in which a landowner gives their plot to a builder who constructs the building, and the two split the finished flats between them, commonly in a ratio around forty to sixty in the builder's favour. When you buy such a flat, the crucial question is whether the specific unit falls in the landowner's share or the builder's, because only the party who actually holds that unit can validly sell it to you. The registered JDA, the sharing or allocation agreement, and the power of attorney the owner gives the builder are the documents that answer it. The trade off is a little extra reading against the risk of buying a flat two parties both believe is theirs.

What is a joint development agreement?

A joint development agreement, or JDA, is a registered contract in which a landowner provides the land and a builder provides the construction, and the two share the finished project between them. Rather than the owner selling the plot outright, the owner keeps a stake in what gets built, and the builder funds and executes the project in exchange for a share of the flats or the sale proceeds. In an area sharing model, each side ends up owning a defined set of flats, often split in a ratio such as forty for the owner and sixty for the builder, though the exact split varies with the value of the land. The JDA is registered with the sub registrar and stamp duty is paid on it, and it is usually accompanied by a power of attorney from the owner to the builder so the builder can carry out the project tasks. For a buyer, the key point is that a JDA building has two sets of owners behind it from the start, and your flat belongs to one of them.

Owner's share or builder's share, why does it matter to me?

It matters because only the party in whose share your specific flat falls has the right to sell it to you. In an area sharing JDA the flats are divided between the landowner and the builder, and a flat in the owner's allocation is the owner's to sell, while a flat in the builder's allocation is the builder's. If you buy from the landowner a unit that actually sits in the builder's share, or the reverse, you are buying from someone who does not hold that particular flat, and the true holder can dispute the sale. This is why establishing the allocation is not a nicety but the foundation of the purchase. It also affects who signs your sale deed and who must give consent, so getting it wrong can stall registration even when everyone is acting in good faith. The flat may be perfectly fine; the question is simply whether the person selling it is the one entitled to. In some projects the two sides also agree a small pool of flats to be sold jointly or held back, so a unit can carry conditions that neither the owner nor the builder mentions unless you ask to see the allocation in writing.

Which documents decide whose flat this is?

A small set of documents together establish who owns the flat you are being offered. The table below sets out what each one tells a buyer.

The single most important of these is the allocation or sharing agreement, because the JDA and the ratio tell you the split in principle, but only the allocation names the actual flat numbers on each side. Read that against the flat you are buying, and you know whether your seller is the right person to be selling it.

What is the power of attorney doing in a JDA sale?

The power of attorney is the instrument by which the landowner authorises the builder to act for the project, including, often, to sell and register flats. In many JDA structures the owner gives the builder a registered power of attorney so the builder can market the units, sign agreements and present flats for registration without the owner appearing each time. For a buyer, this means the builder may legitimately be selling and registering a flat under authority from the owner, which is normal, but it also means you should read the power of attorney to confirm it actually covers the sale of the unit you are buying and remains valid. A power of attorney that is narrower than the builder claims, or that has been revoked, is exactly the kind of gap that surfaces only when you look. Confirming the authority behind the signature is as important as confirming the allocation behind the flat.

What can go wrong if I skip these checks?

The recurring problem is buying a flat from a party who does not, in fact, hold it. If the allocation is not verified, a buyer can purchase an owner's share flat from the builder or a builder's share flat from the owner, and the party who truly holds that unit can later contest the sale, leaving the buyer entangled in a dispute between two people who both had a claim to the building. A related risk is a flat that was promised to the landowner but registered or sold by the builder without settling the allocation, or a power of attorney that did not extend as far as the sale required. None of these are visible in a glossy brochure or a confident conversation; they live in the JDA, the allocation and the power of attorney. The good news is that they are entirely checkable in advance, which turns a serious risk into a paperwork exercise you complete before you pay.

How do I verify a JDA flat before buying?

Establish the structure and the allocation before you commit any money.

1. Ask whether the building was constructed under a joint development agreement.
2. Obtain and read the registered JDA between the landowner and the builder.
3. Get the allocation or sharing agreement that names which flats fall to each side.
4. Confirm your specific flat sits in the share of the party selling it to you.
5. Read the power of attorney to check it covers the sale and remains valid.
6. Cross check the project's RERA registration for the disclosed JDA and approvals.
7. Have a lawyer confirm the seller's right to that unit before you sign anything.

How does this fit UDS and GPA checks?

A JDA sale draws together two things a Bengaluru buyer should already be scrutinising, the undivided share of land and any power of attorney in the chain. Because a flat comes with a proportionate share of the land beneath the building, our guide to the undivided share of land a flat buyer should check explains the land side of what you are buying, and our note on why a general power of attorney sale is not a substitute for a registered sale deed is directly relevant to the authority a builder relies on in a JDA. If you are buying into a joint development such as Sobha Hennur Bagalur, ask the developer to walk you through the JDA and the allocation for your specific unit. The structure is common and perfectly sound when documented, and the buyer's job is simply to confirm that the person selling holds the flat they are selling.

Frequently asked questions

What is a joint development agreement in real estate? It is a registered contract in which a landowner provides the plot and a builder constructs the project, and the two share the finished flats, often in a ratio such as forty for the owner and sixty for the builder. It is usually accompanied by a power of attorney from the owner to the builder, including to sell flats.

Why does it matter whose share my flat is in? Because only the party in whose allocation the flat falls has the right to sell it. If you buy an owner's share flat from the builder, or a builder's share flat from the owner, the true holder can dispute the sale. Confirming your specific flat sits in the seller's share is the foundation of a safe JDA purchase.

Which document shows which flats belong to whom? The allocation or sharing agreement, read alongside the joint development agreement. The JDA and the sharing ratio tell you the split in principle, but only the allocation names the actual flat numbers falling to the owner and to the builder. Match that against the unit you are buying before you rely on the seller's claim.

Is a builder selling under a power of attorney safe? It can be, when the landowner has given the builder a valid registered power of attorney that covers the sale of that flat. The risk is a power of attorney that is narrower than claimed or has been revoked, so read it to confirm it authorises the specific sale and remains in force before you register.

Last updated 2026-08-30. PropNewz Team.