• Property sale deed - rules and implications

Hi, I was looked a property in residential layout in Bangalore East, KR Puram and paid 30% of amount as advance when doing sale agreement, The property owner given land for development and sell the property as plots. Due to lot of plots owner given GPA to other person to appear front of Sub register for registration. Now we are asking for registration, developers are saying following things...

1. They will do registration on executive white bond papers instead of stamp papers for total sale deed 
 ( Complete sale deed on white execute bond papers). 
 As a purchaser, I am asking, it is not acceptable, since it is not communicated before sale 
 agreement and I want in stamp papers only. Developers are telling "we did like this to other plots, we 
 can't do differently to you". They are accepting, It is developer/owner guide lines to go this mode only.
 They simply telling you can drop, we can deduct 20% amount and pay back remaining amount after 
 few months.
 
Now, My main confusion is - 

 1. Registering land like this is legal?
 
 2. Mode of registration is sellers right? As a purchaser, do I have any right to ask, to do in Govt 
 prescribed format?

 3. Whose responsibility to make sale deed, and go particular mode?

 4. It they don't agree what rights I have, What is best way to solve the problem.

Please let me know right path to me, I know middle persons are like this in real estate and I am not getting access to spoke with owners. 

Please let me know facts ad consequence in this forum or drop message to me on [deleted]
Asked 4 years ago in Property Law
Religion: Other

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18 Answers

Firstly sale deed needs to be Registered before sub registrar any kind of registration in normal white paper is not acceptable. You have right to seek them to make proper registration by paying stamp duty if they refuse send a legal notice seeking for refund of entire amount along with interest. If they've not agreed to your request to register you can file civil suit for recovery of money along with consumer complaint. If they agree to do sale deed before registrar you are bound to pay stamp duty. They have no right to deduct money from what you paid if they are at fault.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

It is always better to have the agreement done on a stamp paper. But if it is on a white paper then you will be asked to pay the actual stamp charges and the penalties on the same before accepting it as a document in courts. Anyway there is no illegality in having the agreement on a plain paper.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1. Well, nature of paper is itself a no issue as long as total stamp duty for the registration of the property is paid . Sometimes the practice asks for using at least front page to bear a Rs.50/- stamp paper but there is no mandate in it.

2. There is no prescribed format for any sale deed. it is to be only seen whether the chain if title is properly described and you are given all rights, title and interest in the property as a a sole owner free from all charges.

3. Byers generally prepare it unless seller selling similar property or flats in volumes.

4. If they do not agree you can avoid the deal.

TAKE HELP OF AN ADVOCATE TO CHECK THE DEED AND TITLE OF THE PROPERTY..

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Sale deed has to be duly stamped and registered to confer title to property

2) as long as stamp duty is paid you should have no problems

3) you should insist on copy of sale deed in advance. Get it vetted by Lawyer

4) suggest changes if necessary to protect your interest

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

1. Sir the stamp duty has to be paid along the registration fee and the deed has to be registered in sub registrar office . The stamp.duty can be paid through stamp paper through bank franking or through the stamping certificate so in case the deed is on white executive paper the stamping certificate need to be attached and then registered paying duty is important mode can be different.

2. Yes as seller you have right to ask to execute a deed.

3. Sir in the case seller pays the duty and amount though sale deed can be prepared by seller though not prescribed but buyer also can make a sale deed.and ask seller to remain present to execute same.

4. You have agreement to sale you can file for specific performance of the same in the civil court.

The court will order them.to register the property in your name.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You would not face any issues, only if stamp duty is paid and the sale deed is registered in Sub Registrar office, in the presence of witnesses.

Without registration, the sale deed would not be enforceable.

You should ask for a copy of sale deed from the seller in advance and get the due diligence work by some advocate to make sure that your interests are not affected.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

In many states stamp duty and registration fee payment is made online through e-challan. If it is paid by this mode then stamp paper is not needed. So if your developer is paying it through e-challan then no stamp paper is needed but if he is not paying through this mode then stamp paper is needed to show the stamp duty is paid.

If government has prescribed different modes in your state then any of the mode can be used. So if in your state online payment or franklin is allowed then stamp paper mode is not needed. And in such case developer can refuse stamp paper agreement.

Sale deed should happen by mutual agreement between both the parties. It is not single party's responsibility.

Solve the issue amicably.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

1. Check if the project is registered with Rera

2. Builder has to execute and register agreement for sale with buyer on accepting 10% of total consideration and agreement has to be as per Rera format

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

1.Sale Deed of no immovable property can be registered without paying the stamp duty and registration fee..The sale deed printed on plain white paper without stamp duty affixing on it can not be registered before the Registrar.

2. Mode of registration is not sellers right. there is no multiple mode for registering properties. There is only one mode i.e. getting the sale deed printed on a stamp paper and then affixing the required stamp duty on it and then register the same before the Registrar. The stamp duty and registration fee is to be borne by the buyer i.e. you in the instant case and it is not understandable as to why the developer is refusing to register the sale deed by affixing the stamp duty cost of which will be borne by you.

3. It is the responsibility of the seller/developer to register the sale deed of the property sold following the legally acceptable procedure.

4. If the developer refuses to register the sale deed before the Registrar, lodge a police complaint against him for cheating you and if the police refuse to register FIR against the developer then file a Writ Petition before the High court against police inaction praying for a direction upon the police to register FIR, investigate and act as per law based on your said complaint.

5. Since it is a plot of land only, your can not approach the consumer Forum or RERA Tribunal seeking relief. You shall have to file a damage suit against the developer praying for a direction upon the developer to register the sale deed in your name and in case of his negligence to do so, the register will be directed to register the property in your name. You can also claim damage and cost in the said suit to be filed by you against the developer.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. Registering land like this is legal?

Answer: Absolutely illegal process. Ask the builder to adhere to RERA and/or prevailing state law of flats in housing societies;

2. Mode of registration is sellers right? As a purchaser, do I have any right to ask, to do in Govt prescribed format?

answer: Yes mode of registration is according to the comfort of the seller and his rights are protected at all costs. Yes you can pressurize the builder to do it in government prescribed format;

3. Whose responsibility to make sale deed, and go particular mode?

Answer: The builder should have made the sale deed. He should have sent a draft to you. The agreement has to be made on legal paper (legal green bond) paper;

4. It they don't agree what rights I have, What is best way to solve the problem.

Answer: Send them a legal notice. Next you can approach the consumer forum and file a formal complaint.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. If the registration is done by paying proper stamp duty and the registration charges, there is no legal infirmity in it.

However it is your decision to go ahead or not.

2. If the sub-registrar is accepting this form of registration, then it can be deemed that this is also recognized by government hence there cannot be any dispute on this at a later stage also.

3. The sale deed has to be executed by the seller at the cost of the buyer

4. You can decide about cancelling the booking and can seek full refund, if he fails to pay full refund then you can drag him to consumer forum seeking relief and remedy to this.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

1) Property sale deed is registered on legal ledger paper and you can mentioned terms and conditions as per buyers and sellers requirement.

2) Yes you have full rights to make sale deed as per Govt prescribed format.

3) Buyer responsibility to make the sale deed and go for it otherwise in most of the transactions Developers do it as per his convenient all rules, terms & conditions etc.

4) For you we can create it sale deed for reasonable rates.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

If sale deed, whether on white or green legal paper, will be duly stamped and registered, then color and size of the document hardly matters

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

The issue is whether stamp duty has been paid or not and documents t is registered

2) in your case builder has paid stamp duty by DD

3) not necessary that sale deed be executed on stamp paper

4) it is complete legal document and registration has been done

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

The method adopted recently is not new.

This was suggested when the stamp paper scam emerged and the culprits were arrested.

The government suggested the alternate methods instead of using the stamp papers.

Since the sub-registrar is accepting this form of registration, there cannot be any illegality in it.

In my opinion there is no fuss on it, you can proceed, if you still are in doubt you may consult a local advocate and proceed on the basis of the opinions you received.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

If the sale deed is registered in presence of witnesses in SRO and the stamp duty is also paid, there won't be problem as that is legally acceptable even if the sale deed is done on plain paper, rather than stamp paper.

You can purchase stamp papers of any denomination from a notary public.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Yes it is the right way, it is not compulsory to print it on stamp paper if stamp duty paid through bank then it is prefectly fine and also the registrar is registering same.

Yes it is completely legal,

E stamp is government facility wherein a stamp certificate of value is given this save paper as in single certificate stamp duty of lacs of Rupees can be paid. NO required if it is mentioned in sale deed.

Sir this is right way as long as stamp duty is paid and registered with sub registrar nothing is wrong and this is prevalent way now days as stamp paper availability is also problem.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Stamp paper is used for printing sale deed there upon for registering the sale deed and the the amount of the said stamp paper is considered as part of the total stamp duty to be paid for registering the said sale deed.

2. However, if the developer ensures that he will make arrangement to pay the entire stamp duty online or through DD and the Sub-Registrar registers the said sale deed typed/printed on while Bond paper, then the said registration with the confirmation of having received the stamp duty in full by the Sub-Registrar can be considered as valid as per law.

3. E-paper is purchasing stamp paper on line which is normally purchased through specified agents.

4. Why e-stamp paper, you can purchase stamp paper of value of Rs.100/-, get the sale deed printed on it and pay the balance stamp duty to the Sub-Registrar to get the said sale deed registered.

5. There is no earthly reason which could be found for the developer's refusing to sign the sale deed and get it registered when you are bearing the expenses for the said registration and he is not taking any extra pain for the said registration.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

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