Vinod P (IT) 13 October 2012

Forced to pay stamp duty and registration

My Co-op hsg society is going for deemed conveyance. The next step they want is to pay the stamp duty. However i requested few documents such as conveyance docs and index 2 document. However the committee is unwilling to provide me the same. Also in the last spl gen body meeting (wihch unfortunately i missed to attend) they passed a resolution to pay the stamp duty of non contributing/ non willing members from the society fund and will later on charge 20 % from the individual non paying members.

This is enforcing against the will of the members and extracting premium who want more time to study/decide regarding the issue.

Can i challenge the societys action ...

Regards

Vinod P

Reply Follow

3 Replies

Advocate Rohit (Advocate) 15 October 2012

yes you can. you need to give a letter to the office bearers of the society for providing you with the details within 7 days failing which you may approach the registrar of the co-op. hsg. society and lodge your formal complaint in writing.

The registrar shall act on your complaint.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Adv Akhtar Ali Sheikh (Property Law Consultant) 18 October 2012

Stamp duty has to be paid otherwise conveyance cannot be done, moreover index 2 is available only upon registration and registration is done if stamp duty is paid hence how can the society give you index 2.

Alternately you can pay your own samp duty and hand over the xerox of your document to society. Thereis no escape from stamp duty moreover you are already incurring 24% penalty every year to the department over and above which the society may charge you.

Vinod P (IT) 18 October 2012

@Adv. Akhtar Sheikh ,

Thanks for your response (mentioned below). I would like to clarify the conveyance and the Index 2 documents which i requested were relating to the land deal between the landowners and the developer of my CHS. Further , also let me know whether society members can be forced to pay the stampduty via a resolution in AGM And can the same be challenged.

Thanks and REgards

Vinod P .