How to get old flat registered for which stamp duty already paid
My dad bought our house in 2002 on my Mom's name with all legal documents. Later in Amnesty scheme (Abhay Yojana) conducted by Mumbai government in 2008-09, he paid the Stamp Duty with due penalty as well. But due to some unwanted reasons, he could not able to do the registration.
My Dad is no more but the property is on my Mom's name. First owner from whom we bought this house has also expired in 2016. Now we want to do registration but owner's wife and children's are not supporting us to complete the registration instead they are asking for huge amount to do so.
My concerns are
1. Is the stamp duty which is already paid in Amnesty scheme still valid after almost 10 years ? If not should I pay it again as currently another amnesty scheme is available for next couple of months ? But if I will pay it again, do I have to do the registration within 8 months, which is not possible due to their incorporation.
2. If registration is not possible, is Deed of Confirmation or Deed of Release will be enough to have full ownership of the house.
3. Still we will need all legal heirs to perform Deed of Confirmation.. Right? Is their any other way out by which I can get the full ownership of my house as other party is not co-operating.
Please help.
Thanks in a lot in Advance for the assistance.
Asked 4 years ago in Property Law
Religion: Hindu
So what I understand is I have full possession rights as I have stamped sale deed and have possession from last 20 years. But to have full ownership rights of the property to sale the property, I should first prepare Deed of confirmation and get it registered for which legal heirs are mandatory. Correct ?
As the legal heirs are not co-operative, Can I apply Deed of Declaration instead of deed of confirmation and get it registered without seller party. Will that be legally sufficient to have full ownership of the property for futuristic sale/transfer.
Asked 3 years ago