• Transferring a ready to move in flat - what will be the actual sale date?

Transferring a ready to move in flat, What will actual sale date?

I have taken the possession, now doing sale agreement (no registry done, jst transferring the flat through builder), what will be actual sale date?

1. Date of Agreement when t is made on stamp paper

or 

2. Date when the transfer from builder is complete and I get transfer acknowledgement?
Asked 7 years ago in Property Law
Religion: Hindu

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11 Answers

the sale date would be date of agreement

2) you dont need NOC from builder to sell your flat

Ajay Sethi
Advocate, Mumbai
95220 Answers
7612 Consultations

5.0 on 5.0

Hello,

1) The actual date of sale for legal purposes would be the date on which the agreement for sale is getting registered in the office of registrar.

2) For the purpose of your agreement with the builder, the date would be the date on the stamp paper agreement. You need to know that this agreement has not transferred the rights in the property to you literally as the Agreement is unregistered.

S J Mathew
Advocate, Mumbai
3564 Answers
175 Consultations

5.0 on 5.0

sale date would be date of execution of sale deed .

2) agreement for sale indicates your intention to sell the flat provided full payment is made within stipulated time period

3) it would attract long term capital gains

Ajay Sethi
Advocate, Mumbai
95220 Answers
7612 Consultations

5.0 on 5.0

1. The actual sale of the said flat has not yet taken place.

2. You are going to enter in to an agreement for sale of the flat and have taken possession of the same.

3. unless and until the sale deed is not registered, the said flat is not sold to you legally and you are not its title holder.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. In the above case, the time period for investment for calculating capital gain will be considered from the date of your making payment to the builder and to the date of your receiving payment from your buyer for releasing your allotment of the flat in favour of your buyer.

2. In the above case, the allotment of the flat in your name will be transferred to your buyer by the builder and registration of the flat will be done by the builder in favour of your buyer in place of yourself.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. The date of sale is the date on which the sale deed executed in the office of sub-registrar. An agreement to sell does not result in sale. A sale can take place only through a registered sale deed.

2. In so far as the long term capital gain is concerned the relevant date is the date of registration and not the date of possession or allotment.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

In your case the title has not passed to you as the sale deed has not been executed in your favour. So you do not qualify for long term capital gain in the first place.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. when builder was transferred the property after reliasation of sale amount, that deed is called sale deed.

2. agreement of sale does not confer any right.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

10th March is the date from which capital gain tax will be completed. you have period of three years from 10th March to invest that money in other immovable property or capital gain.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

I have taken the possession, now doing sale agreement (no registry done, jst transferring the flat through builder), what will be actual sale date?

1. Date of Agreement when t is made on stamp paper

or

2. Date when the transfer from builder is complete and I get transfer acknowledgement?

You can become the legal owner of the flat/property only after a registered sale deed is executed by the vendor in your favor after completing the necessary stamp duty and registration charges formalities.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

1. I am re-saling this flat (I have not done any registry) to some one else means I am transferring it to some one else. It means we will do a sale agreement on stamp paper and will not register it, we will just notarise it, this agreement will tell about the payment terms and time in which the deal will close like 45-50 days (As Buyer will apply for loan and will request to transfer it to builder then he will do the registry of property)

If you have not purchased the property yet and if it is still under sale agreement stage, then you can talk to the builder/owner and enter into a tripartite agreement with the builder and the new buyer to this effect and transfer your rights accordingly.

2. Now Suppose This Sale Agreement (which I am resaling to buyer) date is 25 Jan 2017 but final payment comes on 8th march and builder actually transfers on 10th March, what will be the actual sale date for capital gain calculation?

25Jan or 8th Mar or 10 Mar

There is no question of capital sale s far as your purchase or sale is concerned because without a registered sale deed in your favor there is no legal purchase.

Sale agreement cannot be considered as purchase, therefore there is no question of capital gains.

However if you have got some profits out of this deal, you may show it as income from other sources in the IT returns.

3. Originally I got the agreement done from builder in my name in July 2010, got possession in March 2014 now selling it in Jan-Feb 2017 time frame, will it be case of long term tax gain?

I am afraid that without a valid and registered sale deed in your favor there can be no legal purchase.

The sale agreement in your name is just an agreement though you have taken physical possession of property.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

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