In our society, many members do not have sale agreement. They possess only the receipts of payments made to the builder. Some have agreements, but no stamp duty paid or registration (purchase before 1980). We are planning to redevelop the society. Please provide guidance as to the status of members.
The stamp duty on agreement for sale prior to [deleted] is Rs. 5 only and no more stamp duty will be charged on all such documents.
2)all such documents can be annexed with the deed of confirmation on Rs. 100 stamp paper only and the deed of confirmation will be registered annexed with agreement for sale on Rs. 5 Stamp paper
The members do not loose any rights even if they did not execute any agreement nor any stamp duty is paid. They are as good a s members like those who have sale agreement with them.
Take all the members on board and go for redevelopment with a new builder.
Any attempt to avoid a single member on this ground would make the whole deal jeopardised.
1. All the flat owners are required to have registered sale deed for claiming title of their flats/properties.
2. If they do not have the said documents legally confirming their title on their properties, they should file a declaratory suit praying for a declaration that they are the owners of their said properties subject to their registering the title deeds by paying the stamp duty at present rate.
3. Once the title of the properties are legally established through the above step, you can collectively enter in to a redevelopment agreement with a developer.
1. An agreement to sell is not required to be registered in the first place. It can be drawn up on a plain paper and be unregistered.
2. Even an unregistered agreement to sell or a receipt of payment creates legally enforceable contractual obligations.
Dear Client,
Without registered sale deed, no title transfers.
Since, members have long possession and payment proof, there ownership can not be question but until it not transfer via proper mode, dispute as to ownership will remain exit.
Without a registered sale deed, they cannot be recognised as owners with marketable title.
They may pay the stamp duty at least now and get the property registered now through the society
The next alternative is that they can file a declaration suit to declare their title to the property and on the direction of court they may pay the stamp duty and get the property registered on their names.
