• 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

7 answers received in 1 day.

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12 Answers

You can avail the benefits of stamp duty already paid under amnesty by paying penalty if the same is paid for same transaction.

Yes if the same is not registered you have to do the registration. 

Deed of confirmation or through court unilaterally, no other option

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Dear

1. You have to pay the stamp duty again under current amnesty scheme.

2. If registration is not possible due to incorporation of legal heirs of previous owner then you should file a declaratory suit in court. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Stamp duty paid under amnesty scheme is valid 

 

2) deed of confirmation can be executed by legal heirs of deceased seller . It should be duly stamped and registered 

 

3) you need their cooperation for registration purposes 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1.  Once Full Stamp Duty is paid (at anytime) THEN there is no need to pay Stamp Duty once again.  Presently do not bother about the registration of the Deed. IF you still wish THEN the same can be registered without the opposite party (by providing opposite party death certificate) and paying Penalty over & above the Registration Fees.

2. IF you want the Flat transferred in your name, THEN all the legal heirs of the deceased Father and execute a duly stamped & registered "Family Settlement Deed" with strategic clauses in your sole favour.  This would be legally sufficient for futuristic Sale /Gift /Transfer /Mortgage /Donate /whatever ....

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. full stamp duty is already paid in the previous amnesty scheme

2. so no need to pay any more duty. The document is duly stamped

3. as the legal heirs of owner are not co-operating, you will have to file a suit for specific performance of contract against them

4. had they been co-operating, a deed of confirmation with letters of administration enclosed to it, would be sufficient to get the document registered

Yusuf Rampurawala
Advocate, Mumbai
7485 Answers
79 Consultations

5.0 on 5.0

Now all you need it to get registration of sale deed, stamp duty already paid under amnesty scheme. And registrar has power to to summon seller to appear at the registration office.

Apply at registrar office for registration, might possible , registration may done.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

The stamp duty is payable one time only in case the property is not registered and stamp duty has already been paid please approach tour local advocate who is dealing with registration of the properties to get the property registered

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1.  The applicable stamp duty already paid may be held as valid but the execution of registered sale deed has to be done by the legal heirs of the deceased owner hence you my have to file a suit for specific relief by impleading the legal heirs of the deceased owner as defendants.

2. No such deed shall convey the title to the property.

 

3.  You may file a suit for specific performance of contract against the legal heirs of the deceased owner, the court will take care of the rest of the things.

Discuss with your advocate and proceed. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Yes your understanding is correct 

 

2) if legalheirs are not cooperative you can register deed of declaration 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

The legal heirs of the deceased owner have to execute a registered sale deed in your favor.

The registration of any document cannot be done without a person executing the same in favor of the person receiving it. 

If the legal heirs are not cooperating then you may have to approach court of law with a suit for specific relief seeking direction of court to the legal heirs to execute the registered sale deed in your favor on the basis of the documentary evidences you have in your support. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

without the vendor's legal heirs, deed of confirmation or declaration will not work

you will have to file a suit against the legal heirs of the vendor to come forward for registering the sale deed with you

 

Yusuf Rampurawala
Advocate, Mumbai
7485 Answers
79 Consultations

5.0 on 5.0

- As per section 54 of the Indian Stamp Act. the limitation period of stamp paper is only limited to 6 months from the date of its payment or purchase .

- However , as your father has already paid the stamp duty under the amnesty scheme then it is valid .

- Further, if the legal heirs are not coming forward for the registration , then you should send a legal notice to them for executing a registered deed of Declaration. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

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