• Stamp duty paid but not registered the flat

1. Flat purchased from builder = Agreement to Sale / Purchase Agreement in year 1978. Did NOT execute any Sale deed or Deed of Conveyance or Deed of Confirmation of Sale.
2. No stamp duty was paid in 1978.
3. No registration was done in 1978.
4. In 2008 learned Stamp duty needs to e paid for flat purchased before 1985 Hence stamp dty paid in 2008 under amnesty scheme.
5. Registration was NOT done after paying stamp duty in 2008.
6. Now wish to register the property papers. What shall be the procedure and
 a. Do I have to pay Stamp duty again at prevailing rates?
 b. What will be the registration fees and any penalty?
7. Builder is not available (deceased or not traceable) to be party to Registration process - So what can be done.

Further:
A. Housing Society is registered and I hold share certificates since beginning.
B. Does it give me clear title to ownership of this flat?
C. Can I sell this flat without registering the 1978 agreement?
D. The new buyer will he be liable to pay Stamp duty for FIRST SALE of 1978 and the registration fees for the same, before getting the clear title by paying the prevailing Stamp duties and Registration fees as we execute a Sale Deed in year 2017?
Asked 6 years ago in Property Law
Religion: Hindu

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6 Answers

1) registration has to be done within period of 4 months

2) with penalty another 4 months

3) registration of sale deed cannot be done after 38 years

4) deed of confirmation can be executed by seller and sale deed enclosed

5) ifseller is not traceable deed of confirmation cannot b executed

6) mere holding share certificate is not sufficient to confer clear and marketable title to the flat

7) you can sell the flat if purchaser is willing to buy flat without regd sale deed

8) however bank would be reluctant to sanction loan for unregistered sale deed

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

1) registration of original sale deed with builder is mandatory

2) mere execution of gift deedin favour of son would not confer clear title

3) for execution of gift deed in favour of son would require Rs 200 stamp duty and Rs 200 Registration charges

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

deed of confirmation can be executed by builder or his legal heirs in your favour . Sale deed can be enclosed to deed of confirmation

2) it should be duly stamped and registered

3) registration charges would be maximum Rs 30000

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

An unregistered sale deed is not valid and the sale agreement is not a title document.

Since you have already paid the stamp duty (how and when), you may request for waiver of stamp duty based on the stamp duty already paid.

Whoever was your vendor, has to execute the registered sale deed in your name.

The share certificate of society is not a title document.

The new buyer cannot be held liable to pay the stamp duty, it is the duty of the original buyer to pay the stamp duty and the deed registered on his name.

The new buyer cannot by the property without proper registered sale deed or title to the seller.

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

Can I get the Stamp Duty already paid adjudicated? What shall be the procedure to register and revenue fees to be paid?

If you have already paid the stamp duty and if there is any difference to be paid now after that, you may make a representation/application to pay the difference with penalty if any.

Instead Registering my property as first buyer from Builder Can I gift the property to my son? will it be a valid Gift and can my Son get a clear title? Is any Stamp duty to be paid at present Ready Recnor value or just the gift Tax of Rs.500 as applicable in Maharashtra.

The stamp duty on transfer by gift has increased in Maharashtra by an amendment to the law.

It is not Rs. 500/- it is 3% of the market value of the property.

Without having a marketable title you cannot execute a registered gift deed to your son.

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

1. What procedure to be followed to get clear ownership title on this property as I am the first buyer.

First you have to get the property registered on yor name by the vendor executing a registered sale deed to your name.

2. Stamp duty was paid in 2008.

What was the basis of p[paying the stamp duty without executing a registered sale deed ?

3. Will the Stamp duty already paid (in 2008) be considered for registration of document in 2017?

You may make a representation to the registrar to adjust the stamp duty paid earlier and to advise you to pay the difference if any.

4. Can the document be registered now in 2017, if I get the builder or his heir and what shall be the Registration fees?

The registration fee and the stamp duty will be let known by the registrar provided if the fresh registration is permitted now at this belated stage.

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

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