Query regarding powers of AOP (Association of Persons)

Namaste

I have a query regarding powers of AOP.

Landowners had given their land collectively to a Developer in Joint Development but that builder could not complete the project and left it in between. The landowners cancelled the JDA with the builder and collectively formed an AOP and got its PAN, GST and started continuing the leftover construction work.

Now, they have completed some part of the project but they wish to again enter into JDA with a new builder but for the remaining part of the project.

Now, query is -

1) Can this AOP be entitled to enter into JDA with a new builder? Technically the land rights are with the landowners and not with AOP as a separate entity?

So, this new JDA shall be done by landowners in their personal capacity or can the AOP execute this new JDA?

2) The Landowners are suffering losses while completing the leftover construction work by the previous builder. So, in order to claim this loss and set it off in the coming years, the clients are inclining about entering into new JDA through AOP only?

Because presently AOP is in loss and since the remaining project will be done through a new builder via Joint Development with the landowners, then how come AOP will be able to set off its current year loss in the future when they will not be having any construction to do in the remaining project.


Kindly help me by answering these queries.


Thanks a lot