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pawan (director)     19 August 2012

Arbitration on non stamp agreement

1)Is it must to resgister & stamp allotment a)letter b)agreement to sell done with builder

2)If yes can we pay the stamp duty now and registred now if not paid earlier

3) how much stamp charges to be paid now for agreement / allotemnet  done in delhi in 2005

4) can arbitration clause is appilcable if agreement / allotment  is not stamped / registerd

pawan1)Is it must to resgister & stamp allotment a)letter b)agreement to sell done with builder

2)If yes can we pay the stamp duty now and registred now if not paid earlier

3) how much stamp charges to be paid now for agreement / allotemnet  done in delhi in 2005

4) can arbitration clause is appilcable if agreement / allotment  is not stamped / registerd

pawan



Learning

 3 Replies

Yogesh Anand (Head- Legal AVP)     19 August 2012

1.  Allotment letter is not required to be compulsorily registered.

2.  Agreement to sell requires compulsory registration and stamp duty is required to be paid as per stamp act which is 90% of sale deed and then you have to pay balance 10% at the time of sale deed.

3. Time limit for paying stamp duty and registration of sale deed is four months from the date of execution with provision for four months extension twice on specific ground with permission of registrar.

4.  Arbitration clause is enforceable even if the main document requiring registration is not registered on the principle of severability.


(Guest)

As per Indian Registration Act, registration of an agreement to sell is a must. Rest is not necessary to be registered. If the registration has not taken place within 90 days as per the mandate, the document can be presented before the collector of stamps and likewise can be impounded. Pursant to passing of the order and levy of fine, the order is passed to register the agreement on payment of stamp duty.

Arbitration has no concern with whetherthe agreement is registered or unregistered. As per the arbitration clause, the matter shall be referred to arbitrator for arbitration.

1 Like

pawan (director)     20 August 2012

Sir Thanks

1) Stamp value for allotemnt /agreement  in 2005in delhi

2) if not on stamp paper allotment / agreement will this be valid in court for arbitration

3) how much stamp paper value in 2005/06 in delhi for this

4) how to calulate panelty if we do stamping now


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