Solution already suggested to you yesterday. Fix up an appointment to carry this forward
My dad purchased house property in 2002 and did not signed agreement and registered property. Immediately after getting possession my dad passed away in same year. Now i want to signed agreement and also have to registered property but at which value we have to signed agreement. The value at which we purchased the property or the current value of the property. If we sign at the current value then how can we show the transaction we made earlier in this year. Also builder is saying me to pay his capital gain tax which is not valid. Suggest me for the solution.
1. You have to pay Stamp Duty on the "current rateable value" of the property, under the present "amnesty scheme" of Maharashtra Govt., and unilaterally Register the same by following due procedure of law and regularize your "OLD" dated Sale Deed. No need for New Sale Deed, from Builder.
2. Builder has no right to ask any Money from you, in any manner and it would be a criminal offence on his part, for Cheating, Intimidation, Mischief, Extortion .....
how your father got possession if registered sale deed was not executed in his favour
2) you have not mentioned whether builder is agreeable to execute sale deed at old rate
3) stamp duty has to be paid on current circle rate of property
If you will show purchase in year 2002 penalty may exceed ten times the amount of the proper registration-fee. Show current but lowest price to get it registered.
Capital gain tax liability is of seller, why will you pay.
Maximum things happened between my father and builder on mutual trust. As my father passed away builder started to show his true colors. Builder is ready to sign but he said he will not pay capital gain tax in this year. If there any procedure he is ready to execute sale deed at old rate. But now i want exact guidelines.
if any agreement for sale is executed at old rate there should be recital in sale deed to that effect
2) also that sale deed could not be executed earlier on account of father demise
3) that full consideration had been received by builder in 2002
At least you must have payment proof, You could have file the suit of specific performance of oral agreement to get the sale deed registered.
But that may barred by limitation now. Get it registered on old price with penalty, no capital gain tax to buyer also.
What proceedure? You just have to execute the sale deed with the builder, either in capacity of legal heir of your dad, and get it registered.
If the builder isn't willing on whatever pretext (capital gain tax), then you have to initiate legal action.
You can show depreciation in the property value show as builder old property for almost 18 years so here value will reduce more than 40% from.current ready recknor.
If you want I can make a sale deed for you in depreciate value. You can take further registration follow up with registrar and here you have to less capital tax to builder.
Sale agreement can be executed on this date mentioning the price originally fixed and paid in advance.
Since you have taken the possession , you can straightway make a deed of conveyance and register it.
Property is to be registered at the market value at the time of sale. Penalties to be paid for the delay in registration at the prescribed rate.
No question of capital gain is there.
*We have only possession letter and valid electricity bill which comes under my fathers name. No any agreement has signed and registration has not done. But now we have to do under my mothers name. * What will be the penalty charges? Current value of the property is almost 40 lakha and we purchased property for 7 lakhs.
Do you have payment proof of 7 lacs if not than register it on present value. Certainly, he will ask you to pay LTCG. Better register with penalty.
Get it registered for seven lakh only. Penalties varies from state to state. On an average or may be up-to 400% of the value of the property.
builder has to registered sale deed in favour of your mother. there is no need to pay any penalty, execute fresh sale deed as per current market value.
You need to get the property registered by paying penalty. You can apply for registration and during adjudication the exact penalty charges will be disclosed by the sun registrar
The registration of the property will be done on old rate.
Property can be registered on your mother name.
The penalty for late registration will be according to current charges.
Since your father has already paid the sale consideration amount in full but could not get the sale deed registered on his name and he unfortunately died in between, you and other legal heirs can file a suit against the seller to execute the registered sale deed in the specific performance of contract suit.
The evidence for having paid the sale consideration amount as per the agreement of sale would be in your favor and also the rates prevailing on that date would be taken into consideration.
The builder need not pay the capital gains taxes because it may not be applicable if the execution of the registered sale deed is made as on the original date of sale agreement.
The possession letter and other evidences to prove your possession and enjoyment shall be sufficient to adduce evidence to state that it was an oral sale agreement.
You discuss with yor advocate and proceed on the advises received on all such further issues.