How to Make the Registry?
Aditya R khandelwal
(Querist) 19 March 2010
This query is : Resolved
I had Purchased a Land 5 years back On the Basis oF FULL AGREEMENT ND POWER OF ATTORNEY ND REGISTERED WILL.
NOW I WANT TO MAKE THE REGISTRY OF THE LAND IN FAVOUR OF MY WIFE.
THE PREVIOUS OWNER IS STILL ALIVE.
ON THE LAND THERE IS CONSTRUCTION OF A HOUSE.WITH UNDERGROUND FLOOR AND TWO FLOOR, THE LAND IS NEAR BY 3000 Square Feet in Covered Area. THE PRESENT VALUATION OF LAND IS NEAR BY 50 LAKHS (ACCORDING TO GOVERNMENT DLC RATE)
DO I NEED TO PAY THE "CONSTRUCTION" COST REGISTRY ALSO?
OR I NEED TO PAY THE ONLY THE LAND VALUE REGISRTY COST?
IT IS IN RAJASTHAN.
Aditya R khandelwal
(Querist) 19 March 2010
WHAT IS THE TOTAL REGISTRY COST IN BOTH THE CASES?
ON THE BASIS OF 50 Lakh AS the PresEnt VAlue of the LAnd.
Parveen Kr. Aggarwal
(Expert) 19 March 2010
For getting the registry (sale deed) registered in your favour, you will have to pay stamp charges on what has been purchased. In case only land was purchased then you need not to pay stamp charges for the construction. The stamp charges are payable at the actual amount at which the land was agreed to be purchased. However, in some states collector's rates or circle rates are prescribed by the Government and sale deed cannot be got registered at lesser amount than that.
Raj Kumar Makkad
(Expert) 19 March 2010
i DO NOT AGREE WITH PARVEEN. THE CONSTRUCTION IS MADE UPON THE LAND SO IT FORMS THE PART OF THE AGREED TO BE PURCHASED LAND SO ITS REGISTRATION IS MANDATORY. YOU SHALL HAVE TO PAY STAMP DUTY OF LAND AS WELL AS CONSTRUCTION MADE THEREON ALSO.
Parveen Kr. Aggarwal
(Expert) 19 March 2010
Mr. Raj Kumar Makkad,
Stamp duty is payable on the conveyance deed and such a deed only contains recital of what has been conveyed. In case the seller at the time of conveyance has not raised any construction and has sold only land how can he convey the construction and how can such construction be a subject matter of stamp duty for such a deed?
A V Vishal
(Expert) 19 March 2010
I agree to Mr Parveen's opinion.
N RAMESH.
(Expert) 19 March 2010
I fully agree with Mr.Makkad.
The facts are to be ascertained as on the date of registration and not earlier or subsequent.
When there is building, you cannot register the land alone, even if it was constructed after the agreement. As there was no sale deed as on date, it would be deemed to have been constructed by the vendor.
Further the procedure of GPA and sale agreement for the purpose of avoiding stamp duty cannot be put forward as a reason as the purpose is illegal.
Raj Kumar Makkad
(Expert) 20 March 2010
I still confine on my point and appreciate Ramesh to clarify my point more elaboratory.
B K Raghavendra Rao
(Expert) 20 March 2010
Mr. M. Ramesh is correct. As on the date of registration, what property is conveyed has to be registered. If land alone is conveyed, then who is the owner of the building standing thereon. If the building is owned by the seller and land owned by the purchaser, then question arises on whose land who has constructed the building and who should maintain it. This situation is akin to sale transactions.
If land alone is sold and stamp duty is paid on the value of the land, it amounts undervaluing the stamp duty and cheating the government.
Gagan Gupta
(Expert) 20 March 2010
Law says sale deed need to be stamped at the time of execution, Means the date of execution of sale deen can be only after purchasing of Stamp duty. So you will sign the sale deed at present date.
As you were possession of property you consult registrar's office to register document showing you put into possession 5 years ago on the basis of Part performance of contract Sec 53A-TPA, and you made construction afterwards. they may charge you circular rates.
Kumar Thadhani
(Expert) 20 March 2010
Paying Stamp Duty on the Land purchased and construction on this site becomes the second issue altogether and hence you will Stamp DUTY and Registry charges also.I do GREE WITH expert Mr. Ramesh/Mr.MAKKAD &Mr,RAO.
Parveen Kr. Aggarwal
(Expert) 20 March 2010
Disputed questions of facts are not the subject matter of the query. The query was purely legal. The author wanted to know his liability of stamp charges when he purchased land alone five years ago.
No law prohibits delivery of property under an agreement to sell. A prospective vendee under an agreement to sell can possess and deal with the property till the agreement is revoked or performed both conditions will have their implications.
In case a person purchases land alone and gets sale deed executed after five years and proves before the Registering Officer that he had purchased land alone that the construction has been raised by him (and produces sufficient proof to prove his contention), the stamp duty is not required to be paid for the sale deed on the construction. Remember the seller has not sold any construction as he has not raised any construction. The stamp duty is payable only on the sale deed and what is conveyed or sold through the sale deed is the subject matter of stamp charges.
Raj Kumar Makkad
(Expert) 20 March 2010
parveen ji ! May I draw your kind attention towards the following latest citation which clearly discards your interpretation and clearly establishes law cited by me and Ramesh supported by some other experts.
M/s. Residents Welfare Association NOIDA versus State of UP 2009 (3) RCR (Civil) 87, 2009 (3) RAJ 287 (SC).
