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Vishal (business)     19 May 2010

Buying of Flat in Building constructed on leased land

Dear All

Pl let me know pors and cons if one wish to buy a flat in building which is constructed on leased land in Mumbai. What are the disadvantages of such Flat over the Flat in a Building constructed on owned land.

also would like to know if we want to get register a Deed of Rectification for including agreed car parking space which was not in the Original deed, what stamp Duty is payable.

thanks

Vishal

 

 



Learning

 5 Replies

Ashok Yadav (Lawyer)     19 May 2010

Building constructed on leased building, lease will be from any Govt. authority and for 99 years, it deem to sale, so tehre is no problem to purchase the flat in that building

Darshan Panchal (Advocate)     19 May 2010

just verify if the lease is a perpetual lease i mean lease for 99 years. then there should not be any prob. so far as rectification of car parking is concerned no extra stamp duty is to be paid in rectification. However, u will hv to mention that other facts remain the same and if the consideration paid under sale deed included parking area then state that consideration consisted of parking area also. however, by mistake it was not mentioned in the sale deed.

Vishal (business)     20 May 2010

Thanks for the response

But would like to mention that the lease is for 30 years with a quasi govt body in Thane and if this will make any difference . Will there be any problem at the time of resale of the same and what about stamp duty.

Swaroop Godbole (advocate)     20 May 2010

i think there must lease between q-gov authority and a society of flat owners. if this is so then:

there is "tenant-owner" relationship between such society and flat owner. a person i.e. flat purchaser becomes owner of the construction and tenant of the land.

without reading the bye-laws of the society and lease deed, it will be difficult to comment accurately, yet normally there are nos such problems in purchasing such flats.

Aamir Khan (Internal auditor)     24 August 2011

I am planning to purchase a flat that will be developed on a leased land for 65 years.  This property has been auctioned by MMRDA.

Is there an issue to purchase flats which are developed on leased land.  what happens once the lease is complete.  I have recently seen many such flats coming up in mumbai.  Please advise.  thanks


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