PRASANJIT (-) 27 March 2016

Registration not done but stamp duty paid

I have one question. I want to purchase one flat in Mumbai wherein I used to stay. Owner is ready to sale the flat to me. However, the only thing lacking is that he has NOT REGISTERED the property, however he has paid the stamp duty in the year 1990 when he purchased the flat (built in 1984). Now, I wish to buy the flat but the thing is that I am not sure how to proceed since the FLAT IS NOT REGISTERED. Can you please guide me how to proceed in this case ?

Please guide. Thank you in advance.

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4 Replies

jyotirmaya behera (advocate) 28 March 2016

Dont proceed or else you will loss the money

Jatin Mittal (Corporate Lawyer) 29 March 2016

Hi Prasanjit

If the property is not registered, how do you know that the seller is the legal owner. Also, he may be the legal owner but not the recorded owner. Ask him to get the property first registered, then sell it to you. Also, if he is saying he paid the stamp duty, then its a complete lie. I have not seen in my complete experience someone paying the complete stamp duty and not getting the property registered. Mail me for further clarifications at mittaljets@gmail.com.

(Guest)

First - Title of Flat is not clear. It has to be made straight then only you proceed .

Second - myself also suspicious like above advocate , Stamp Duty is more and Registration fee less then why this person did not get it registered . On the contrary as per understanding or some old information (Not sure 100%) time which you state , that time registration was allowed even if stamp was less or some issue regarding stamp adjuidication pending , So few cases matters I saw where after registration the office send notice demanding more stamp dues. So this transaction seems to be suspicious or not properly done .

Third - When Suspicious things are there , My habbit is to check every thing in dept , because it requires further minute microscopic examination of title and property.

Fourth - There are provision by which we can make straight previous title then transfer the flat to you, but this thing require proper documents and every thing analysis . This forum is too short. And If I start explaning then I have to write book here how to examine the title of property and various complication regarding them . So better contact some good advocate practising in property law.. You need to check every thing from land to every thing regarding this fresh.

Fifth -- If you had come to me for title certificate of this flat , I would have denied it to give till exhaustive study . Generally Title certificate is required from expereinced advocate that he states all the points what he have examined and concluded that titile is good and flat can be sold.