It would be for flat no 205 as mentioned in agreement with builder
2) flat no 201 is not covered under amnesty scheme
3) flat no 205 would be considered legal
4) ask builder to execute deed of rectification to mention correct flat number
Flat # Changed after society formation
My father purchased a flat in Mumbai in 1994, He paid the stamp duty but doesn't have the receipt with him. We are applying for Amnesty Scheme of Maharashtra. This is the same flat we are staying. The challenge is, when agreement was made with Builder mentioned flat #205 as per plan where as when society formed in 1997 flat number was changed to 201. Share Certificate also mentions flat # 201. We asked the secretary to mentioned the above discrepancy categorically in NOC to be given to Stamp Duty Department. Secretary haven't mentioned the above discrepancy but stated "Flat #201 is owned by my father and society building was constructed in 1997 with survey number, CTS no, Town,village and district" It is no where mention that flat is been changed to 201. My questions :- 1-> If we pay stamp duty in amnesty scheme, which flat number will be applicable 205 or 201? 2-> If 201 is applicable then how will flat # 205 be considered legal as flat # 202 is registered with original builder? 3-> Assume Stamp Duty Department accepts penalty as per the existing society NOC, which flat # would be considered legal? 3-> If secretary denies providing the modified letter under which Maharashtra Cooperative Society Law can I request to society for similar letter? Regards Vipul Shah
Asked 6 years ago in Property Law
Religion: Hindu
6 Answers
If you pay the stamp duty through Amnesty scheme it will be applicable on flat 201 as mentioned in your share certificate.
Flat 201 will be considered legal.
Yes you can request society to provide letter that your flat no. Was changed after the formation of association.
Yes you can request society in writing or you can file complaint to registrar if modified letter is not given
execute a rectification deed with builder and mention correct flat number.
1. you say that the 1994 agreement executed with builder for flat 205 was stamped and you have lost receipt. If that is so they why are you paying stamp duty under the amnesty scheme? was the stamp duty short paid?
2. the discrepancy regarding the flat number can be described by your father in an affidavit which can be notorised
3. stamp duty will be paid on the 1994 agreement which mentions flat 205. The agreement has to be read alongwith the society NOC letter stating flat 201 and your father's affidavit explaining the discrepancy
4. i do not see any reason why the society secretary should deny your request to mention the discrepancy regarding the flat number.
5. if the secretary or MC does not give such a letter then you can approach the District Deputy Registrar of Co-operative Societies having jurisdiction over your ward
1. You make an affidavit stating that the flat No. 205 wash subsequently changed to 201 and pay the stamp duty and other charges for the flat No. 201 alone.
2. Your affidavit may come to your rescue in this regard.
3. You can issue a legal notice to the society to oblige with the rectification demanded since this was an error on their part.
