Payment stamp duty of previous owner
Ketan Shah
(Querist) 13 December 2014
This query is : Resolved
Dear Sirs,
Can I pay the stamp duty on behalf of the previous owner of my flat in mumbai as the previous owner has not paid the stamp duty of his agreement with builder entered in to 1992 ? Can i register the said agreement between previous owner and builder?
If yes, how?
Please reply.
Thanks.
Anirudh
(Expert) 13 December 2014
Dear Mr. Ketan,
You will be best advised to visit a lawyer in your locality, show him the papers that you have and then act accordingly.
My above advice to you is on account of the following:
1. It is not clear when was the agreement with the previous owner with the builder took place.
2. By paying stamp duty and getting the document registered, what will happen is that the property will be come that of the previous owner (and certainly not yours).
If that is going to be the result, what is the use in your paying the stamp duty and getting the same registered.
3. Further, it is highly doubtful whether the builder will co-operate and register the document now by coming to the Sub-Registrar's office.
Therefore, your matter cannot be answered without completely going through the documents, facts and circumstances, your purpose and aim etc.
ROHIT SHARMA
(Expert) 13 December 2014
Dear Mr. Ketan Shah,
1. If the stamp duty is not paid within certain time limit then the document presented become void. Check this out.
2. Even if it is possible to do so then you can pay the outstanding dues of stamp duty but you yourself cannot be transported as a buyer in such document. By paying the outstanding dues you can have the sale deed registered as per the procedure.
3. I have not clearly understood as why you need to do this.
4. Mara sathe ava vishayma vatchit (legal consultation) karva mangata hoi to maro sampark kari shako choy at a moderate sum of Rs. 350.00.remuneration for legal consultation.
5. Get my contact details by clicking my name shown in the L.H.S. margin of this reply format.
ajay sethi
(Expert) 13 December 2014
registration has to be done maximum within period of 8 months under provisions of regis tration act . after period of 22 years it is doubtful that you can register the document
Anirudh
(Expert) 13 December 2014
DEAR MR. ROHIT SHARMA
TO WHAT USE YOUR LLM ETC., IS YOU DO NOT EVEN HAVE THE PROFESSIONAL ETHICS AND THAT TOO IN THIS WEBSITE THAT NO ONE SHOULD SOLICIT CLIENT.
IN FACT YOU ARE OPENLY SOLICITING.
PLEASE STOP SUCH A PRACTICE FORTHWITH.
EARLIER ALSO I HAD POINTED OUT THIS TO YOU.
Rajendra K Goyal
(Expert) 13 December 2014
Repeated:
http://www.lawyersclubindia.com/experts/first-agreement-not-registered-512621.asp#.VIv14iuUen0
ask any further question in the same thread.
Advocate Ravinder
(Expert) 14 December 2014
The Agreement entered between the Owner (earlier) and the Builder which is not registered is void as per law. Hence, there is allotment of shares done between the owner and the Builder. It is a defective title. Even now also the owner and builder can entered into registered Development Agreement. Unless the above said defect is cured, you cannot entered into any agreement with the owner. For further details, you contact me ravinder2345@gmail.com or 7893011777.
T. Kalaiselvan, Advocate
(Expert) 15 December 2014
Expert Mr.Anirudh has rightly observed and pointed out about soliciting business (mis)using this portal in the name of giving reply/advise/opinion, it is not only Mr. Rohit Sharma, even Mr. P. Ravinder is in the habit of soliciting business despite being informed him about his unethical practice and to stop the same. It is disgusting and discouraging while seeing some people misuse this portal while others strive very sincerely to give their best opinions by sparing their valuable time and energy at free of cost and as a service to the mankind. Will the brother advocates think about it(?)
