• Registration of old property

My mother (aged 85) brought a flat in Mumbai in 1974 in resale. In 2008 , She received a demand for stamp duty. Which was apparently paid. But I am unable to find the receipt. We are now uncertain if the complete stamp duty has been properly received and is the property registered. She is very old and does not recollect if it was registered at all.

How to check the status? In case the registration is not done how to register the old property?
Asked 7 years ago in Property Law
Religion: Hindu

3 answers received in 2 hours.

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11 Answers

Sir you can check with the jurisdictional sub-registrar office that if the registration document is available or not for your property. The clerk need to take a  thorough search based on name and property details.

Further for stamp duty you need to approach the registrar of stamps to check whether the demand raised was completed or the status is still pending. 

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can check the status at the office of collector/tehsildar. If you get to know that it's not registered, you can register it after paying appropriate penalty for delay in registration

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

1. You can apply for certified copy of registered doc to sub registrar office at old customs House

2. If the document was registered then the department will give you certified copy which would show that document was duly registered 

3. If document is registered then it means that full stamp duty was also paid as no document is registered without it being fully stamped at applicable stamp duty rates

4. A document can be registered within max 8 months from date of signing

5. If that was not done, then you will have to trace the seller and enter into a confirmation deed with him which needs to be registered

6. Also the stamp duty not paid or underpaid on original sale deed will need to be paid with interest and penalty

7. You will have to submit the confirmation deed for adjudication by the collector of stamps

8. If the seller is not traceable then you will need a court declaration 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

You can check status online even you can obtain EC online or you can apply for Certified Copies at SRO office. 

If seller is in contact then you can register the said property after paying some Penalty. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Registration cannot be done after 44 years 

 

2) seller can execute deed of confirmation 

 

3) it can be duly registered 

 

4) there was no stamp duty payable in 1974 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Sir,

Please approach the registering authority and you can get certified copies of required documents and thus you can know about whether required stamp duty was paid or not.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

This is my response to you:

1. There was a nominal payment of stamp duty before 1985;

2. The stamp might have been paid;

3. Do a title search of the property;

4. You can also approach the registrar office;

5. Consult a local lawyer and take steps. 

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

Dear Client, 

Apply for certify copy of sale deed and reciept at sub registrar office. Hire local lawyer.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1.  IF Stamp duty was paid THEN proper stamping is also done on the instrument /agreement, besides the receipt.  kindly check.

2.  You can also file RTI application giving all the relevant details before the local registrar of sub-assurances for their record copy.

 

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Stamp duty cannot be charged in retrospect on resale  of old flats.

Non-payment of stamp duty does not make the document void or invalid. The agreement remains binding. The validity of the agreement does not come to an end. In case of a document which is required to be stamped under the Stamp Act but has been under-stamped or not stamped 

In case any document which requires stamp duty is under-stamped, it can be rectified later. In order to rectify the defect, the person has to pay a penalty, which may be up to 10 times of the original amount. 

You can obtain EC (encumbrance certificate)  and can ascertain if it is  registered document.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can get the record from the registration office whether the same is Registered or not.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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