Redeveloping your house with a builder? Get the agreement and the tax right first
Across South Delhi, families are giving old houses to builders in exchange for new floors and a cash payment. The builder comes with his lawyer. The owner usually has nobody looking at title, the agreement, stamp duty and income tax together. That is the gap we fill, on the owner's side only.
Where owners lose money
Weak agreement
No firm completion date, no penalty for delay, unclear specifications, no security from the builder.
Unplanned tax
Capital gains on the floors you receive can become payable in the year the completion certificate is issued, often without cash in hand.
Stamp duty and registration
An unregistered or under-stamped agreement weakens your position and can affect the tax treatment.
Title and family issues
Inherited shares, pending mutation or an absent co-owner can stall the project halfway.
Power of attorney misuse
A broad GPA can let floors be sold or mortgaged without proper control.
Disputes
Without a workable dispute clause, a delayed project can mean years in civil court.
What we handle
Pre-deal health check
Title, family holding, floor split, cash component and a first estimate of tax.
Agreement review and drafting
Collaboration or development agreement, GPA, timelines, penalties, specifications and dispute resolution.
Capital gains planning
Timing, computation and exemptions for the floors and cash you receive.
Stamp duty and registration
Correct valuation, stamping and registration of the agreement and later deeds.
Family arrangements
Family settlement, relinquishment or gift deeds so every co-owner is aligned.
Sale of your floors
Tax, TDS and documentation when you sell a floor you receive, including to or from NRIs.
How the tax works, in brief
For individuals and HUFs with a registered agreement, capital gains on the transfer of land are taxed in the year the completion certificate is issued. The gain is worked out on the stamp duty value of the floors you receive on that date, plus any cash. The builder deducts TDS of 10% on cash paid to you. These rules, earlier in section 45(5A), have been carried into the Income-tax Act, 2025. If you sell your share before the completion certificate, the normal capital gains rules apply instead.
How an engagement works
- Free first reviewSend us the builder's offer or draft agreement and your title papers. We tell you the risks, the tax and the options.
- Written quoteA scoped fee and timeline before any work starts.
- Partner-led workA partner plans the matter and reviews every computation and draft.
- Follow throughWe negotiate changes, attend registration and stay on until the floors are handed over.
Who we work with
- House owners in South Delhi colonies considering redevelopment
- Families with several co-owners or inherited shares
- NRI owners and their families in India
- Owners selling the floors they receive
Redevelopment FAQs
When is capital gains tax payable on a collaboration agreement?
For individuals and HUFs with a registered agreement, in the year the completion certificate for the project is issued, on the stamp duty value of the floors received plus any cash.
Should the collaboration agreement be registered?
Yes. Registration protects your position and is a condition for the deferred tax treatment. It must be stamped correctly.
Can I review the builder's draft agreement before signing?
Yes, and you should. We review the builder's draft and propose changes on timelines, penalties, specifications, security and dispute resolution.
One of the co-owners lives abroad. What happens?
The NRI co-owner can sign through a registered power of attorney. Tax on their share and TDS rules for non-residents need to be planned in advance.
Do you act for builders too?
On this service we act only for owners, so there is no conflict of interest.