Stamp duty not paid while sale of flat
arunkumark
(Querist) 16 March 2012
This query is : Resolved
In A regd housing society a flat was sold on 20rs stamp paper without paying stamp duty and the seller went abroad and died there.The purchaser sold the same flat to a buyer through a regd agreement paying stamp duty .Now society is not transfering the membership saying the previous agreement is not registered.What is the solution for this and who is responsible for not paying the stamp duty.the current buyer or the one who sold it and disappeared.
Raj Kumar Makkad
(Expert) 16 March 2012
The current seller who allegedly purchased the flat on a Rs. 20/- stamp paper is responsible for the entire problem. This matter is of a common sense that no transfer of property takes place without registration of deed on requisite stamp duty of the State concerned. The present seller is not an owner of the property so he cannot sale the property.
The sole solution to the problem is that the legal heirs of deceased owner of property shall complete the sale proceeding. Approach them and persuade them.
ajay sethi
(Expert) 16 March 2012
registartion of agreement is not necessary in case of resale of flats in bombay .
as fara s stamp duty is conccerned if full amount of stamp duty has not been paid liability is of the seller .
contact a local lawyer .to save a few pennies you land in a bigger soup .
