• Stamp duty

I bought a flat in June 1985 at Vashi, Navi Mumbai,
Maharashtra for Rs 1,80,000/- from a builder.
This document was neither registered nor any stamp duty paid.
The builder is not available.
If I have to pay stamp duty and register the document what is the procedure? What documents will be
Required?
Society was formed in the year 1990 and I have the share certificate.
Asked 6 years ago in Property Law
Religion: Hindu

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13 Answers

The document shall be registered in your district with the office of the sub registrar and stamp paper has to be purchased and registered.


The stamp paper has to be purchased and the court fee has to be paid. 2 witnesses are required.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

you can avail the amnesty scheme 

 

2) The scheme proposes to limit the penalty payable on certain transactions to 10% of the deficient stamp duty, instead of the 400% which can be levied in normal course by the government.

 

3) 

 

you are required to make an application in Form A prescribed under the scheme. You are required to furnish your basic details, as well as that of the property which is subject matter of the documents. You are also required to submit the original instrument on which inadequate stamp duty was paid, along with self-attested copies of the other supporting documents. The application, along with the instrument and supporting documents, has to be made within a period of six months from March 1, 2019, i.e., by August 31, 2019, the period up to which the scheme will remain open.

4)Once the application is received in the stamp office, the amount of deficient duty, as well as the amount of penalty, will be communicated to you, based on the details submitted by you through an order. You are required to pay the amount stated in the order within 60 days, failing which your application will be treated as null and void.

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

1. Since the deed of sale is not registered and the developer is also missing then you will ave to file a case before the consumer forum to get sch direction wherein eh forum through its machinery can get the sale deed registered.

2. The stamp duty would be capable though at the present circle rate and your actual consideration money has nothing to do with the calculation of the stamp duty.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

You need to pay the stamp duty on the value of sale deed and for registration you need to approach the court if builder is not traceable

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

as the builder is not available, you have to approach the Court to get the registration done,

and you have to pay stamp duty as per the present rate

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

1.  Contact a local "estate agent" and enquire about "amnesty scheme" for stamp duty payments.  IF the scheme is open then you can pay stamp duty and unilaterally register the agreement, by paying relevant stamp duty and penalty & interest on registration procedures.

2.  Documents:  Original Agreement, Proof of payments, Bank Statements, Society's Share Certificate, OC of building, Property Card of building, and other minor documents.....  The above is a bit cumbersome but can still be achieved.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Dear Client 

if you have not done any registration of flat or paid any stamp duty at time of purchasing the flat then either you have to find out the builder to get the registration done.

or you have to file declaration suit in the court to get the registration done on your name. the suit will be filed against general public.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Without registration of flat society is not formed and as per MCS Act society won't get registered.

So first kindly check with society how they have issued share certificate on your name instead of builder.

 

 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Take advantage of amnesty scheme of maha.govt. excemption on stamp duty, no penalty , get it registered now before scheme over. No need of seller.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

file a suit for declaration of right, title and interest on the property and claim ownership. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. is that document on any stamp paper of say Rs 5 or 20 or 50?

2. first of all you need to prove that the transaction happened in 1985 only

3. for that whatever stamp paper is used for the document will have to be authenticated by the collector of stamps who will endorse his certificate for the year and amount of stamp paper

4. then you have to give this document for adjudication to the collector of stamps who will ascertain the exact stamp duty with penalty payable on the document

5. this will complete the stamping part

6. for registration you will obviously need the builder 

7. the builder has to execute a deed of confirmation with you with the above stamped agreement annexed to the deed of confirmation

8. thereafter if required a sale deed on 100 rs stamp paper can be executed and registered

9. if builder is not available for registration then you will have to file a suit in court and obtain court order. Court will sign and register the document on behalf of the builder 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

You cannot get the sale deed registered at this stage.

However there is an amnesty program going on in Mumbai, you may get the details and get your property registered as per procedures laid down by complying with the requirements.

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

  1. As per the information mentioned in the present query, makes it clear that you didn’t get the property registered on your name, but now wish to go for the same.
  2. Yes, you can get it registered now also as you are having the share certificate from the society which is a registered society as I presume so.
  3. You would also have to give the proofs as electricity, water, gas bill etc. which are on your name, and an affidavit stating that you have residing at the same place since the purchase of the same.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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