I had registered agreement for sell in march 2020 at mumbai , worli registrar . As informed earlier that i had purchased flat 50% share in 1996 from my brother Which was not registered in 1996 & only stamp duty was paid . Querry : 1) can i make supplimentary agreement in which my brother who sold his share to me in 1996 & be confirming party & attach to agreement for sale of march 20 held between me & buyer . 2) if yes supplimentary agreement attached to march 2020 whether bank loan querry will be resolved of 1996 agreement which was not registered as now my brother is is confirming . 3) whether any additional stamp duty to be paid as stamp duty & registration charges already paid of agreement done in march 2020 . 4) if supplimentary agreement is registered than i have to make sale deed after bank loan is approved so my brother has to again go for registration when sale deed is registered . 5) what stamp duty has to be paid if we go for deed of confirmation for 1996 agreement market value of 2020 or 1996 value . i have paid stamp duty on 1996 value only registration was not done in 1996 . kindly guide . Kindly guide on whether supplimentary agreement can be made & can i make My brother confirming party in agreement for sell & sale deed as my stamp duty will be saved if deed of confirmation is not done & if bank work is done If my brother signs in new agreeement for sell & sale deed . Kindly advice Pawan sureka
If you make the Tripartite agreement your problem can be solved, Don't go for double agreement registration. Direct make the sale deed registration with buyer, brother and you.
Kindly ask the Buyer Bank regarding reimbursement of cheque against Tripartite agreement.
Your brother should execute deed of confirmation
2) supplementary agreement would not serve the purpose
3) in case any such supplementary agreement is executed stamp duty and registration charges would have to be paid
1. Yes.
2. Yes there will be no problem with the bank.
3. No, no additional stamp duty is to be paid.
4. No.
5. Depends on the rates of land revenue office
1. As it appears if your share in the property is undivided then while selling it it requires to make your brother confirming party so the buyer need not go for partition of the whole property through court of law.
2. Yes.
3. In the sale deed fresh stamp duty is to be paid.
4. Yes
5. It varies in every state. Consult with your local registration office.
There's no scope for saving stamp duty.
1.Yes you can.
2. Yes.
3. Yes has to be paid.
4. Yes.
5. 2020 Value.
Please go accordingly.
Yes you can execute registered supplementary agreement with him in that case.
If your will attach agreement than have to pay penalty and registration fees. Or don`t register this supplementary agreement, just notory only and don`t mention this in sale deed.
Just execute sale deed and your brother co seller.
1. Better to execute deed of confirmation .
2. Yes , however you should also consult the official of bank for the same as well.
3. Yes
4. Not mandatory
5. Current value
1. If he is executing the supplementary agreement which the bank would recognise, then you can proceed.
2. You may enquire the same from the bank.
3. If the supplementary agreement is not by registered deed then no additional stamp duty will be required to be paid.
4. You are right.
5. The stamp duty you have already paid is for regularisation under the amnesty scheme, hence you may have to pay stamp duty for registering the supplementary sale deed.
Alternately you can make your brother as a confirming party in the registered sale deed you would be executing in favor of the buyer, which should be acceptable to the bank for sanctioning the home loan.
your brother should execute registered deed of confirmation.
stamp duty is state subject varies from state to state.
You may contact a lawyer in the local who practices in service law for further advises and suggestions to move on.
Dear Sir,
The addendum the existing agreement can be done and attached to that existing agreement. It is also suggested that the relinquish deed from the brother will also solve the purpose.
1. Yes you can make supplementary agreement.
2. No because title of property is still not on your name.
3. Yes you need to pay stamp duty and registration charges again.
4. You should just ask your brother to execute gift deed in your favour and then you can sell the property.
