sale consideration of Rs 76 lakhs should be mentioned in agreement for sale
inform the builder that you are willing to pay stamp duty on full sale consideration paid to him
Sale deed & stamp duty
Hi , I have bought apartment for 76 lac (PRE RERA). Currently going for registration after completion of the project. My builder has made a sale deed only for 15 lakhs considering only the UDS which is being mentioned in the Agreement to sell. while the stamp duty calculation is being done for super built up area of 1418 sqft as per the guidance value , total of 61lakhs so the registration fee is coming upto 4lakhs odd is it legal to mention only 15 lakhs in the sale deed while the stamp duty is being collected for 61lakhs. I want to register my flat for the total amount i paid to the Builder which includes Land value + construction value . whats the way to do it ?
Asked 5 years ago in Property Law
Religion: Other
10 Answers
See in the registration both flat super built up area and undivided share of land should be mentioned and then registered in your favour.
Check each agreement registration process for land registration and construction registration plus parking and common area construction.
Need to check Karnataka state revenue department new update whether its similar like Tamilnadu state or Maharashtra state.
show the Government value/ready recknor value of 61 laks in the sale deed and pay the stamp duty accordingly.
Any way you will have to pay the stamp duty of 61 lakhs as per the government calculation, so show that amount in the sale deed, it is not going to affect you as you are paying stamp duty for the total amount of 61 lakh. This will also show your property value up and you show amount as investment .
If you are showing 15 lakhs it the builder who is getting advantage of tax on the money received as 15 lacs ,on record.
why should you take the brunt of it.?
Dear Client,
Builder cannot charge for super build up but only carpet area which is the area that can be used to spread a carpet inside the house. It is the net usable area of the apartment. It includes the thickness of the internal wall but excludes balcony or terrace.
Malpractice by builder.
Showing less value in sale deed is to evade stamp duty, if you are bearing stamp duty than pay for full amount or complain to RERA and income tax.
You need to mention at least the ready recknoer rate. The said agreement will have objection at the sub registrar office during registration. You will be charged on the ready recknoer rate of your property
well you know that this is an illegal transaction then why are you agreeing for such deal. before registration consult a local property lawyer.
If you are ready to make payment then get it registered at your name by paying full stamp duty
There may be two separate stamp duties paid, one for land and another for the construction.
There's nothing wrong in it if the entire cost of stamp duty paid is covered by both the registration.
Dear Client
You should make the sales deed of full amount you are paying for purchase of flat. If you are willing to pay full stamp duty then you should go ahead with sales deed of full amount of 76 lakhs
