Dear Sir,
I give below some facts below and seek your advice.
1) I had a 3000 sq. plot in PUNE city which i gave to a builder under POA to construct a building and sale the flats in the year 1990.
2) In lieu of this i got a flat of 1200 sq.ft + Stilt Parking 300 sq. ft + Overhead Terrace : 550 sq.ft. For this i have entered into development agreement and POA for the builder.
The stamp duty for development agreement was paid but builder told me it was not registered as there was no registration fees for Devlopment Agreement at that time.
L3) This is a 3 story building. I Floor 3 flat owners , II floor me+ 1 flat owner , III flower - 3 flat owners , 4th floor overhead terrace - Partly owned by me. Total 7 Flat Owners
4) Till today the builder could not form either the society or the apartment.
5) The building does not have completion certificate yet. But i i submitted all my documents to Pune corporation, paid the fees and obtained occupancy certificate ( Bhogawata Patra) only for my flat. ( The parkings and Terrace is not included in the occupancy certificate)
Now I want to sell my flat along with parking and overhead terrace . My lawyer suggested two alternatives.
1) First I have to make a new sale deed between me and the builder, Pay stamp duty on current ready reckoner rates for flat, parking and terrace . ( Approx. Rs. 3 Lacs)
Then enter into another sale deed between me and the new buyer who will pay the stamp duty on the price decided between us. Alternatively,
2) Make a three party agreement between me, the builder and the new buyer. In this case i do not have to pay stamp duty. Only new buyer has to pay the stamp duty.
My question is
1) Are both alternatives correct?
2) If yes can i choose option 2)?
3) Can i sell only flat and 1 parking? ( There are two parking under stilt each measuring 150 Sq.ft) keeping 1 parking and overhead terrace with me?
4) As Occupancy certificate is only for flat can i still sale parking and overhead terrace?
5) What will be my stamp duty. The property is on Singhgad Road, Anandnagar. Pune
I will be obliged if i get answers to my queries.
Can you suggest any lawyer in Pune to handle this matter?
Vijay Sawant
(m)9869383690
