Query pertaining to registration of my flat
Querist :
Anonymous
(Querist) 10 November 2011
This query is : Resolved
Sirs, I have a flat in Kandivali Mumbai. The flat was purchased in 1981 in resale.I now wants to register my flat in my father's name however people have advised me that since since the flat was purchased in 1981, you do not have to pay stamp duty where as some other people have said that registrar would charge very higher amount as Stamp duty and registration charges if you register now in your father's name. I am very confused as to what I have to do in these conditions. Further my society is a Proposed society and there is no NOC given by builder in the name of Society. Kindly advise me if I do not register it now and keep the matter in abeyance, will I loose the right in case of any complexity?? Further, is there any middle way by which I can save money as of now and secure my interest?? Please advise. Pls also suggest a course of action in this case.
prabhakar singh
(Expert) 10 November 2011
You state "The flat was purchased in 1981 in resale"
Was it an oral purchase or it was purchased at then by any registered deed???
If you have a sale deed duly executed and registered by the seller in the name of buyer
or not????
If not then ask your seller to execute a registered deed in favor of person[may be your father] you want to buy paying the stamp duty at present rate.
If you ignore it to do on the ground of stamp duty alone you can not get the legal marketable title of the flat and if seller
dies or he or his heir[s]comes to dishonesty dishonesty in future you shall loose the money you have paid to them.
It is very strange that you did not get the sale deed registered in the very year of purchase just in year 19981.
ajay sethi
(Expert) 10 November 2011
in mumbai for resale of flat registration is optional .
as far as stamp duty is concerned in said period stamp duty was a nominal figure .
you can submit your document for adjudication for determination of proper stamp duty if you so desire .
Sailesh Kumar Shah
(Expert) 11 November 2011
Shri Ajay Sethi,
R/Sir,
Can you share more information about "in mumbai for resale of flat registration is optional."
I wish to learn.
Thanks
With Regards,
ajay sethi
(Expert) 11 November 2011
mr shailesh shah
in case of resale of flats it is not necessary to have agrement registered . there is a judgement of bombay high court of justice sujata manhohar o n said issue
Querist :
Anonymous
(Querist) 13 November 2011
Thank you, Mr.Prabhakar and Me.Sethi for your valuable feedback. I am sure this will help me.
Sailesh Kumar Shah
(Expert) 13 November 2011
Shri Ajay Sethi,
R/Sir,
Thanks a lot sir for information. I shall be grateful to you, if you provide judgement also.
Thanks again
with Regards,
