You have paid stamp duty under amnesty scheme as well as fine . The agreement is valid
2) not necessary to get another adjudication other
Stamp duty on sale agreement paid in 1993 under amnesty but document not registered
I purchased a flat from second owner in 2001. First agreement was between builder and first owner in 1985. Second agreement was in 1993 between first owner and second owner. This agreement is not registered but stamp duty has been paid under amnesty scheme with fine as per rubber stamped order on the agreement. However no adjudication order is available. I purchased the property from second owner after duly paying stamp duty and getting the agreement registered. Is the second agreement without adjudication order valid legally? Am I liable to get the 2nd sale agreement adjudicated again? I am selling the flat and the purchaser is going for housing loan to purchase this flat.Kindly advise asap.
Asked 6 years ago in Property Law
Religion: Hindu
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10 Answers
Can I get the agreement of 1993 registered now on my own as the seller is deceased now.
Asked 6 years ago
deed of confirmation can be executed by legal heirs of seller . Duly stamped and registered
Whare abouts of the legal heirs of the deceased owner are not known for making confirmation deed as of now. Shall I move forward and sell the flat to the prospective buyer?
Asked 6 years ago
pay stamp duty with Penalty under amnesty scheme as per maharastra amnesty scheme 2019.
Consult an Local property lawyer.
Approach before seller legal heirs and request them to execute deed of confirmation.
You can get it adjudicated. Still it's valid anyways
You should sell the flat to prospective buyer
1. the agreement between 1st to 2nd owner was required to be compulsorily registered
2. separate adjudication order is not needed for second agreement since stamp duty was paid in amnesty scheme
3. if the legal heirs of the deceased owner are not known then you will have to file a civil suit against the administrator general [to be appointed by court] who will register the document on behalf of the deceased
4. but let your buyer's bank raise this objection. If the bank says that your title is not clear since you have purchased from a seller who was holding an unregistered document, then you can proceed to step 3 as above
5. in meanwhile if you want to block this buyer, you can execute an agreement for sale and take some token advance from him
Do you have any proof that stamp duty was paid under amnesty scheme. IF now you will register, 400% penalty or take benefit of amnesty scheme or i think it`s over now.
Don`t bother and sell the property, no issue will come.
- As per the information mentioned in the present query, makes it clear that you have bought the property from the second owner and there was an unregistered agreement between the first and the second owner, but he stamp duty was paid.
- I would like to inform you that when stamp duty has been paid to the revenue department and a deed is executed then the importance of the agreement ends there only except to enforce any clause therein in case of violation by any of the parties.
- And you have also paid the proper stamp duty making you the legal owner of the flat and have all right to give it to anyone you wishes too.
Dear
If the stamp duty has been paid during amnesty scheme then the agreement is valid without registration.
You can sell the flat and there will be no problem.
You don't require to adjudicate the agreement again. If the seller is dead now you can get a confirmation deed from his legal heirs.
