Stamp duty payment liability of the previous flat owner
kavkaz
(Querist) 21 November 2015
This query is : Resolved
Respected Sir/Madam,
I purchased a flat in Mumbai in the year 1995, in a residents association, which further got registered as a CHS in the year 2005. The first owner of the said flat had not paid the stamp duty and surprisingly, also got the NOC from the residents association to sell his flat to me. When the CHS was established in 2005 as said above, I paid my stamp duty (liable on my part) and got the share certificate of the said flat in my name, issued by the society. Recently, the society has started with the deemed conveyance acquisiation process, wherein as part of the said process, the society is helding me as liable to pay the stamp duty on behalf of the first owner.
My query
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1. Can the residents association issue an NOC to the first owner to sell his flat? (wherein the stamp duty was not paid and the agreement registeration was not done).
2. Can the society issue the share certificate to me without srcutinizing the first owner papers (wherein the stamp duty was not paid and the agreement registeration was not done)?
3. Can the society held me liable to pay the said unpaid stamp duty, which was the actually the liability of the first owner?
I would highly appreciate your response in this regards.
Thanks in advance.
Kumar Doab
(Expert) 21 November 2015
The CHS shall ask you since you are the present occupant.
You have to adduce the evidence to CHS and make the first owner a party, in writing under proper acknowledgment, and build written record, for future reference and use.
Show everything to your able counsel and explore if the issue is barred by limitation.
Rajendra K Goyal
(Expert) 22 November 2015
If received written communication, write to society to recover legally from the previous owner. If you have to pay, pay with protest and send notice to previous owner to refund the same to you. Make society a party in case,
K.S.Srinivas
(Expert) 23 November 2015
1. The association can issue NOC to the first owner without checking their records regarding any dues pending.
2. Society is at fault.
3. The first owner is liable to pay. However, if the society issues a notice to you, you pay it under protest and file suit for recovery of the amount from the first owner.
(Expert) 30 November 2015
