Unregestered flat
kishor
(Querist) 18 September 2011
This query is : Resolved
Dear Sir,
I purchasrd a flat in 1981 in malad,mumbai.At that time i made agreement with builder and did't regestered the deed and so did't pay any stamp duty or regestration charges as at that time it was not compulsory.we are having regestered soceity and i am one of member and i have share certificates in my own single name.
Now i want to sale this flat,but some one told me that before that you have to regester your flat and hence you have to pay stampduty and reg.charges then only you can sale it.he also told me that the buyer of this flat is also liable to pay stampduty and reg.charges as a person can't sale his property w/out registering it with government.so please tell me what is the exact rule?in this deal.or"only purchaser is liable for stampduty"is the real solution?please help me.
Raj Kumar Makkad
(Expert) 18 September 2011
The suggestion given by someone to you is absolutely correct and I further want to add that until and unless you get registration of your flat, you are not its owner and even your seller or his legal hairs (as the case may be) may also create various problems for you at present or in future so irrespective of your sale, you shall have to get it registered in your name by purchasing stamp duty from your own pocket and then think to sale it.
ajay sethi
(Expert) 18 September 2011
The Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale , Management and Transfer) Act, 1963. Under Section 4 of the said Act it is necessary that Agreement has to be in writing and it must be duly registered. Therefore, such an Agreement between the Builder and Flat Purchaser has to be in writing and has to be stamped as per Bombay Stamp Act 1958 and needs to be registered.
prabhakar singh
(Expert) 18 September 2011
well proceed as advised ,i too agree with experts.
