Sra free sale component - stamp duty and registration
Lourdes
(Querist) 17 June 2014
This query is : Resolved
I have purchased a flat under sra free sale component which is still under construction.
The resident of the chawl had sold her rights to the flat to the builder constructing it, who in turn sold to a man M from whom i have purchased it (i still have to pay some balance).
This man M said earlier that there is no need to pay stamp duty/registration as it is still under construction. When I asked a lawyer he said the same but i will have to pay stamp duty/registration when the society is formed.
Pls guide me.
Thanks
L Fernandes
Raj Kumar Makkad
(Expert) 17 June 2014
If your name already stands changed with the builder during the period of construction even then you shall have to get the sale-deed registered and in that event, you shall be liable to bear the stamp duty so better to clear all factors with your seller in the presence of the builder.
Rajendra K Goyal
(Expert) 17 June 2014
Consult a local lawyer and show him all the papers.
R.K Nanda
(Expert) 17 June 2014
consult local lawyer.
Lourdes
(Querist) 19 June 2014
Dear Sirs,
So the previous owner M need not register and pay stamp duty? Do I need NOC letter from the builder that previous owner can sell to me as is the case of cooperative societies? It is only me who has to register and pay stamp duty? Then will i have to pay stamp duty now or after society is formed? Society will be formed only after another wing is constructed, that will be only after 2-3 years.
T. Kalaiselvan, Advocate
(Expert) 21 June 2014
Your flat is still under construction, then the same has not been registered under anyone's name so far, am I right? It is still under the sale agreement stage, right?. If it is so, the builder has to be informed about your entry in the agreement from the previous prospective buyer so that the builder executes the registered sale deed on your name once the flat is fully constructed and the possession being handed over. Better consult a local lawyer and get his further opinion on the subject and proceed.
Raj Kumar Makkad
(Expert) 21 June 2014
NOC of the builder is required in the given matter. The last buyer shall have to pay the registration charges immediately after completion of the consutrution.
