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Raktim Chakraborty (Deputy Manager - Enterprise Risk Services)     18 November 2011

Resale of unregistered property

Hello:

I have short-listed a property, and intend to buy it.

I paid the owner a cheque of certain amount as token money and collected the documents. After going through them, I realized that the property was not registered. When I asked the owner, he said that he did not even pay stamp duty.

Though the current owner already has an existing loan from a co-operative bank, I was uneasy and I contacted the bank(s) where I had applied for loan. They advised me to go ahead with the purchase.

I am still a bit uncomfortable. Here are the things I know:

1. This building was built by a Co-Operative society in their bare land. The owner purchased shares from that Co-Op Soc, and a flat was allocated to him subsequently in 2007.

2. There is no other buy/ sell involved.

3. The Co-Op Soc is registered, and they said that they do have the blue-print of the building. They will give us a copy when it is required by the bank.

4. If it was okay for the first owner not to register, shall I also be allowed to stay there without registering or paying stamp duty? What does the lay say?

Any reply, or direct call (9768125846) will be appreciated. Thanks in advance.

- Raktim



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