Mrunmayee 02 March 2023

Flat selling in a cooperative housing society from first owner

Hello,

We are one of founder members of a cooperative housing society and own a flat there. It was completed in 1992. (Nashik, Maharashtra). The founder members bought the land and gave contract to builder. Then the promoter transferred the rights to society.

Now we want to sale our flat. We provided noc from society, our share certificate, allotment letter, original plan, society registration papers. But the advocate of the buying party is asking us to make a sale deed/ apartment deed and pay stamp duty for our flat. Then only he will proceed further.

So can you please help, whether the apartment deed is necessary in such case? Do we need to pay stamp duty for it? Please guide.

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3 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 02 March 2023

Yes. Generally, the buyers shall pay the stamp duty and registration fees but sometimes it depends on the mutual agreement of the seller and buyer.

Mrunmayee 02 March 2023

Thank you for replying.

But my question is regarding us paying the stamp duty first. The lawyer of buyer is asking us to make a sale deed /apartment deed with chs. Pay stamp duty. Then he will ask buyer to pay stamp duty and make a sale deed with us.

So is it required for us to make deed with chs? We are founder members of the society and first owners. Few other members have sold their flats without the need to make a deed with chs.

Any help is appreciated. Thank you

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 03 March 2023

During the purchase and sale of flats, a deed is a required document, A deed is a signed legal document that transfers the ownership of an asset-like property to a new owner. Thus in common law, a deed meaning and definition is any legal instrument in writing.