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Kumar Abhinav (Senior Engineer)     22 January 2011

Sale Agreement Expired - Stamp Duty paid in Advance

Hi,

I have entered into Property Sale Agreement with the buyer and paid 1% stamp duty (i.e. 1% of the property value) at the Registrar's office. Rest amount was to be paid at the time of Registration.

I submitted the Sale Agreement at the Registrar's office. I applied for a home loan in a bank.

Now, two things have happened:

1. Sale Agreement has expired.

2. I have to re-apply for home loan, so it might need new sale agreement, may be in different format.

In this case, the 1% I paid previously, does it become void i.e. I have to re-pay again as new agreement has to be made.

Please Clarify.

Thanks,



Learning

 7 Replies

adv. rajeev ( rajoo ) (practicing advocate)     22 January 2011

On the basis of the Sale agreement loan wont be sactioned by the banks.  BAnks always demads for the regd., sale deed.  AOS does not create tittle over the properties.

Convince the seller and try to get the regd., sale deed.

Kumar Abhinav (Senior Engineer)     22 January 2011

I gave Sale Agreement for Home loan application, but for some reasons now I want to go to other bank for home loan & also Sale Agreement has been expired now.

So I wanted to know that 1% stamp duty which I paid in advance, will it still hold good for new agreement as it has been expired & I may need new agreement for new home loan application...

y haraharanathbabu (practing law)     22 January 2011

Sir,

 

I am asking two questions against you?

 

1)      Whether you paid full amount or part amount to the seller towards Sale Aggrement ?

2)      Whether Seller delivered Possession and enjoyment to you or not?

 

 

To the answer of my questions are

 

a)      If You have paid full amount towards the sale agreement you got good title and to get proper Registration.

b)      If you have paid part amount towards the sale agreement, you have to approach seller for registration, if not so, you gave to file suit for Specific performance against him and also proper steps and please.

 

 

You need not afraid of Non-registration of sale Registration, but you have to pay fine amounts according to Stamps & Registration Act.

 

Besides that by showing Sale agreement to any advocate( Counsel for Banks ), that he will give good legal opinion and also giving guidelines.

Kumar Abhinav (Senior Engineer)     22 January 2011

Thanks for quick responses...

I think I did not explain the question properly, may be I used wrong terms.

These are the sequence of events:

1. I entered into "Agreement of Sale" (not Sale deed) and that said Sale Transaction shall be over in 2 months.

2. I paid 1% of the property value as Stamp Duty at Sub-Registrar's Office, this will be adjusted with registration amount paid during registration. I submitted even xerox of Sale Agreement at the office.

3. I applied for Home Loan & it did not work out.

4. 2 months got over & also I need to apply Home Loan at some other bank.

5. New Home loan application requires new Sale Agreement as previous one got expired.

Note: Registration as not happened yet.

My query is, when I will go for registration, do I need to pay full amount or 1% which I paid previously will be adjusted.

Kumar Abhinav (Senior Engineer)     22 January 2011

Minor correction:

I paid 0.1 % Stamp duty at the time of registering the "Agreement of Sale" at Sub-Registrar's office as required by Karnataka Stamp Act 

SACHIN AGARWAL (ADVOCATE)     22 January 2011

You can extend the period fixed for execution of sale deed and for that purpose you may execute a fresh agreement for extention of time for execution of sale deed.

jeetendra patel (lawyer)     21 September 2011

THERE IS NO EXPIRY OF THE AGREEMENT AS SUBMITTED BY YOU. FURTHER YOU NEED  NOT  PAY STAMP DUTY TWICE IF ALREADY PAID. (ANALOGY LIKE THERE IS NO DOUBLE TAXATION). YOU CAN EXECUTE SALEDEED ON A NOMINAL STAMP PAPER OF 100/ RUPEES.MENTIONING IN THE SALEDDED ABOUT PAYMENT OF STAMP DUTY ON AGREEMENT BY QUOTING THE SERIAL NO. OF THE AGREEMENT TO SALE AND WHEN IT IS RERGISTERED AND WHERE IT IS REGISTERED.YOU CAN INCLUDE CERTAIN TERMS IN THE SALEDEED TO CATER YOUR RESPECTIVE NEEDS LIKE TIME PERIOD.


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