• Buying a property before possession

Matter in hand: I am considering a property (Flat by reputed builder) to buy in Gurgaon. Seller is based out of delhi, I have not met him and not yet agreed on final price.

Complication is that he has not taken possession of Flat and had not made registry as well. He has bought flat at Y INR and selling it for Y-.1Y INR (in loss). Seller has loan as well on property. Apparently I need to do registry at Y amount as told by dealer.

Now, I need help in how to proceed with the deal and how to evade any income tax liability (as I will be paying less amount and making registry on full amount - Hope I am not been made fool here).
And, any precautions I should take.

Please let me know if I should provide more details.
Asked 6 years ago in Property Law
Religion: Hindu

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12 Answers

Without getting the registry done in his name, he has no clear title to sell the property to you.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Firstly registery should be made of amount you are paying.

Secondly if there is no registery the original owner is builder so seller will be builder and present seller is confirming party.

Further there is no tax liability on you. Ask seller to get NOC from.bank.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

First of all on buying a property the buyer need not pay income tax.

As per registration rules, even if the sale consideration amount is less than the circle rate the buyer has to pay the stamp duty for the circle rate only and not to the sale consideration amount.

First of all you enter into a tripartite agreement before getting it registered to your name,.

 

T Kalaiselvan
Advocate, Vellore
90013 Answers
2497 Consultations

Pls consult local property lawyer. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If seller has loan on the property than how can you able to get the registration done without clearing the loan. 

But if seller agrees to clear the loan before the deal completed than you can buy or you should pay the amount by deducting the loan amount. 

And there would not be any problem of builder is making the registration in your name directly. 

And for taxes you cannot evade the tax if you make the registry for full amount. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You need for do the stampy duty and registration on ready recknoer value  you need to butter the officers else they will not do the same.  No way to evade tax

Prashant Nayak
Advocate, Mumbai
34540 Answers
249 Consultations

If you are paying less amount than mentioned in registered sale deed you would receive notice from income tax department 

 

2) under section 56(2) vii) in case of buyer the difference between sale price and circle rate would be determined to be the income of purchaser and taxed under head income from other sources

 

3) ask seller to register flat in his name 

 

4) then purchase the flat from seller by registered sale deed 

 

5) no due certificate from builder should be obtained 

 

6) ask seller to bear the transfer charges of the flat 

Ajay Sethi
Advocate, Mumbai
99811 Answers
8147 Consultations

enter into a tripartite agreement for purchasing the property, 

get it registered for an amount of Y-1Y INR,

the income tax liability can be assessed by going through your financials thoroughly,

no income tax liability if you are paying less than previous registered amount.

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

One should go for tripartite agreement means, builder, seller and mortgage bank name mention in the agreement.

 

Plus you should check mutations papers of the property.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1.  The Agreement value MUST be executed at the current rate'able value declared by the revenue dept (collector /tahsil).

2.  The Agreement must be Stamp duty paid & compulsorily be Registered &  executed jointly by the Builder & Original Owner & Yourself, to avoid any futuristic legal disputes.

3.  Further you MUST take possession of the property immediately.  IF not THEN do not execute any such doubtful deals.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Make some payment in cash and same shall mention in sale deed that this much paid via cheque/neft etc and this amount paid in cash = Y rs.

Liability - more stamp duty payable on less paid amount or double stamp duty for 2 translocation. Builder to seller and seller/builder to you.

Unpaid amount will be save at your hand while tax rebate will gain at shown amount.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

  1. If I happen to go legally in your case and would have to advice you then I would say not to to buy the property.
  2. As even though you are paying less and getting the registry for full amount, but you maybe be questioned by the authorities as to how did you pay this much of amount, meaning here by is that cheque or online transaction.
  3. And then you would not be able to answer the question and would be held liable for evading of tax.
  4. Otherwise. I would advice you to ask the seller to sale it at that price which you wouldn’t be paying and showing the same in the registers as no body put question to him as to why he sold the property at less price because it would be his discretion only.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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