Stamp duty and registration of old documents
Planning to sell a flat owned by me in Mumbai. I am presently the 6th owner. The following are the details of the past agreement
1st agreement dated November, 1984 for purchase of flat in an under construction project. Stamp duty paid Rs 10.
Second tripartite transfer deed between the builder the first and second owner of the under construction flat dated Sept, 1985 stamp duty paid Rs. 10
Third is again a tripartite as mentioned above dated June, 1987 stamp duty paid Rs 10.
Fourth is an agreement for sale between the 3rd and the fourth owner fully stamped but not registered dated June, 1990.
Fifth agreement for sale between the fourth and fifth owner dated November, 2000 fully stamped but not registered.
Sixth is my agreement fully stamped and registered.
All agreements except mine are not registered. Now the potential buyer seeks an indemnity from me to rectify the defect. Could you please let me know if agreements as old as 1985 required compulsory registration. Further the first three agreements are merely transfer deed and were executed when the flat was under construction. Also what would be my liability if I agree to given an indemnity? Whether there is anyway of curing the registration defect now?
Asked in Property Law from Mumbai, Maharashtra
For any flat purchased in a co operative housing society on or after 10-12-1985, it is required to pay stamp duty on market value at the time of signing the agreement itself. However, prior to 10-12-1985, such transactions of agreement for sale required a stamp paper of Rs.5 only at the time of signing the agreement.
2) if stamp duty is not paid on time, it attracts penalty at the rate of 2 % per month on the deficit amount of the stamp duty. However maximum penalty can be only 200% of the deficit amount of the stamp duty. (This amendment has come into force from 01-05-2001)
3) Under section 4 of Maharashtra Ownership Flat Act,1963, registration of agreement is mandatory.
4) If more than eight months have passed since execution of document then the
document cannot be registered. However to safeguard and protect the interest of the
purchaser from any claim by seller or his legal heirs in future both the parties to the
documents should prepare a deed of confirmation and the said document should be
attached as an annexure to the said deed of confirmation. Both the parties should
register the deed of confirmation to which the original agreement has been annexed.
Original document must have been fully stamped and penalty upto the date of
registration/adjudication must have been paid.
a document evidencing the transfer of an immovable property is an absolute sale deed, if previous transactions were mere agreements then the person who sold the flat presently in your name must be the true owner if others who were agreement holders have transferred their rights in your favour it is permitted, but if the final sale is not executed by the true owner then it is cause of concern, in order to rectify this blunder you must seek confirmation deed from all the previous agreement owners, which document must necessarily be registered at the sub-registrar's office.
If your purchaser is seeking for an indemnity, no need to execute a separate deed, include the indemnity clause in the sale deed that you will execute in his favour, this must be sufficient.
1. All agreements for transfer of the property are required to be registered though it was not a practice earlier. However, agreements do not convey title of he property but sale deed does. Unless sale deed is registered, the property stands legally in the name of the earlier owner/vendor. It is not clear as to in whose name the flat stands in the records kept at the registrar's office,
2. the 1st three agreements are just for reallotment of the flat wherein the builder is the Vendor and the fresh buyer enters in to the shoes of the earlier vendee being the re-allottee of the flat,
3. Fourth and Fifth Sale Deed shall have to be registered,
4. Similarly, the sale deed to be executed by you shall have to be registered too.
Who executed the registered sale deed to you in your favor?
If the registered sale deed was executed in your favor by fifth owner cannot be held valid because he has no marketable title to sell the property. An unregistered sale agreement is not a valid title document.
Further, are you mentioning the sale deed document as sale agreement?, because holding a sale agreement in their favor will not entitle anyone the title of the property even if the sale agreement deed is a registered document.
However the previous owners can get the sale deed registered having a retrospective execution, for the purpose of ratification.
If the previous owners do not cooperate, you may file a suit for declaring your title to the property based on the latested registered sale deed document and other unregistered sale deed documents executed in favor of the previous owners.
You must be aware that only a registered document will confer title to the property legally.
The agreement to sell a property does not require compulsory registration. There is no defect. Be that as it may, you can incorporate the indemnity clause in the agreement, whereupon the buyer can make you liable for refunding the consideration of sale if somebody goes to court to seek a title better than your title.