Title on property by deemed Conveyance
Dear Sir,
Brief:
My grandmom had purchased a property in her name located at Madhya pradesh.
- She had entered into a Reg. Sale Agreement in the year 2007 for a total consideration of Rs.11 Lac and had paid advance of 1.1 Lac with the Agreement. She had paid stamp duty of 1% and Reg. Charge of 1% with the reg. Agreement.
- It was agreed to pay the balance 9.9 Lac in 24 months and then proceed for Sale Deed Reg. We had paid the complete balance amount within one year of sale agreement by cheque and the same were encashed by the buyer. But we didnt collect any receipt or affidavit for balance payment. Cheques photo copies and bank statements are there with us.
- Following which there was an demand raised on the above Agreement for complete duty as applicable on sale deed, due to non clarity on delivery of possession in the agreement and a paticular clause in the agreement as recited below,
"And the vendors do hereby covenant with the purchaser that after receiving full consideration vendors shall at all times do and execute at the expenses of the purchaser all such further acts, deeds, things and assurance and may be reasonably required by the purchaser for better of further effectuating and assuring the conveyance hereby made or the title of the purchaser to the property hereby sold and conveyed."
- Based on the above points the revenue department had given an order that the above Sale agreement be treated as DEEMED CONVEYANCE and stamp duty charged accordingly with penalty. On failure to deposit the same within 30 days the property may be auctioned for recovery of stamp duty.
- Hence we decided to deposit the stamp duty with penalty and close the claim as the stamp duty paid could be adjusted while execution of Sale deed in my grandmothers name. We paid the balance 7% duty with penalty and closed the demand.
But unfortunately before we could execute sale deed in my grandmother's name she demised in 2009. She had favoured the property in my fathers name through an un-reg. WILL.
Queries:
Now my queries are
1. How perfect is my fathers Title on the property based on the Reg. Sale Agreement which was Deemed as Conveyance (as some call it Deed of Agreement of Sale) and full stamp duty paid on the Agreement as Sale deed (8%) along with reg. Charges and also the consideration amount paid in full?
2. Will the deemed Conveyance deed (Reg. Sale Agreement of 2007) fulfill Section 54 & 55 of Transfer of Property Act and provide same title owner as that of Sale deed execution?
3. Under the above scenario is it required for my father to execute a Sale Deed from Seller? If yes, Can the stamp duty already paid in the Reg. Sale Agreement transaction (in my grand mothers name) be adjusted with Stamp duty payable during execution of Sale deed in my fathers name?
Kindly provide clarity and Help.
Thanks and Regards,
Sidharath
Asked 8 years ago in Property Law
Religion: Hindu
Thank you for your guidance gentlemen.
So what i have inferred from the above 3 replies is that
A) Even though my grand mothers Registered Sale Agreement is considered as Deemed Conveyance by Revenue board and full stamp duty has been paid as per Sale deed duty (8%) & full consideration has been paid. Assuming my grand mother was still alive now she would'nt be called a title owner as per law until she executed a Sale deed in her name.
Pls correct me if my assumption is wrong?
B)The stamp duty already paid in my grandmoms sale agreement cannot be adjusted with the future Sale deed stamp duty payable in my fathers name. There is no provision in law to combine both transactions even though it is part of same transaction but both are different people. Correct?
C)Say my father executes a fresh Sale deed in his name now and pays full stamp duty as per current circle rate.
Can we apply for refund of additional stamp duty (7%) already paid in my grand moms registered sale agreement as that instrument was not deemed conveyance but a registered sale agreement only in law.
Is there any provision in law for applying refund and what is the procedure for it in Madhya pradesh state. (Addtional Stamp duty was deposited 2 years back).
Thanks in advance.
Asked 8 years ago