• Change to Development Agreement

I was a land owner and entered into a development agreement with a builder for construction of apartments. The agreement contained details of specific apartments allocated to both of us. The builder completed the construction, and obtained occupancy certification from competent authority. Now the builder is asking me for exchange of his one apartment with one of mine. He told me that it could be done through supplemental agreement in the sub-registrar office, and there would be no new registration charges since the exchange is for same size & equal value apartments. 
I would like to know if there will be any additional tax liability for me from IT department if I agree to the above exchange of apartments especially after the occupancy certificate was issued. 
Thanks,
Asked 3 years ago in Property Law
Religion: Hindu

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6 Answers

Suplementary agreement or deed of exchange has to be stamped and registered 

it would not attract additional income tax liability 

 

 

Ajay Sethi
Advocate, Mumbai
94658 Answers
7524 Consultations

5.0 on 5.0

If there is no difference in price of two properties then in registering the deed of exchange only the registration fees is required to be paid and not the stamp duty. 

Devajyoti Barman
Advocate, Kolkata
22809 Answers
487 Consultations

5.0 on 5.0

You can get an exchange deed registered along with the supplementary agreement. 

No tax implications are liable in this. 

T Kalaiselvan
Advocate, Vellore
84859 Answers
2188 Consultations

5.0 on 5.0

having entered into a Development Agreement will not attract any more liabilities on you considering that you must have paid the registration charges back then. 

 

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

execute deed of exchange before the sub register offic, it should be duly stamped and registered. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If the value has difference then it may cause issue

Prashant Nayak
Advocate, Mumbai
31911 Answers
179 Consultations

4.1 on 5.0

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