Stamp duty

sagar (Querist) 04 June 2011 This query is : Resolved
just wanted to gain some knowledge on this issue..If a flat is resold 4 times and out of the 4 owners consider A,B,C and D three have paid stamp duty for the property properly but the owner C while getting the property from B defaulted/skipped in payment of the stamp duty..now the final owner of the property is D.. Is he free from all Encumbrances and is the title of the property clear if this default does not come to the light??

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R.Ramachandran (Expert) 05 June 2011
The situation projected by you is highly hypothetical.
Unless one pays stamp duty and registration fee the sale deed cannot be executed. If the sale deed is not executed then the purchaser does not get any proper title. Therefore, any subsequent sale deed executed by such person (who is not the legal owner of the premises) would not carry proper title.

Guest (Expert) 05 June 2011
Yes, this situation is very hypothetical.

sagar (Querist) 05 June 2011
Agree this situation is very hypothetical, but what if in this case we consider a gift deed in lieu of a sale deed.. consider c got this property from B in form of a gift...Can in this case D, the final owner of the property who got it from C be free from all encumbrances???

sanjeev murthy desai (Expert) 05 June 2011
Dear sagar,

Defult of stamp duty does not affect your valid ownership/title with respect to the property. In your case you are free from all encumbrances with respect to the such Property but C is liable for his such defult. Hence you have to secure the title report from the experts before finalising the deal.

R.Ramachandran (Expert) 06 June 2011
Dear Sagar,
The GIFT Deed ought to have been registered. Without registration it has no validity. If one has to register the Gift Deed, then the question of not-paying the stamp duty does not arise. That is why I said your query is purely hypothetical query.

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