If Incorporated as a Company

• An incorporated joint venture has a separate legal identity
  
• It can buy, sell, lease, or mortgage property in its own name
  
• Title deeds are registered in the name of the joint venture company
  
• The company can hold movable and immovable assets legally
  
• Must comply with registration, stamp duty, and land laws
  

If Unincorporated (Contractual JV)

• A contractual joint venture cannot hold property independently
  
• Property must be held jointly by the partners as co-owners
  
• Legal ownership is reflected as per individual contributions
  
• A trust or nominee structure may be used for asset holding
  
• The agreement must define usage rights and profit-sharing
  

In the Case of Foreign Partners

• Foreign companies in joint ventures must follow FDI norms
  
• Property holding is allowed only for business-related purposes
  
• Must comply with FEMA, RBI, and sectoral guidelines
  
• Residential or agricultural property cannot be held by foreign JV partners
  
• RBI approval may be needed for certain property transactions
  

Documentation and Registration

• Property transactions must be supported by board or partner resolutions
  
• Sale deeds or lease agreements must be legally executed
  
• Stamp duty and registration under state laws are mandatory
  
• Details of property holdings must be disclosed in company filings
  
• Property can be reflected as an asset in the JV’s financial statements
  

Operational and Tax Implications

• Property income is taxed under applicable income tax rules
  
• Depreciation and capital gains apply based on usage and type
  
• Liability related to property is borne by the joint venture or partners
  
• Insurance and maintenance responsibilities are shared as agreed
  
• Proper records and audit trails must be maintained for all transactions