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jithin mohan (Product specialist)     31 May 2013

Service charge and vat tax in flat purchase

I am going to buy a flat in Chennai. It's a newly contructed ready to occupy flat. Apart from the basic price and registration price, the builder is asking me to pay around 73000rs as Service Tax and VAT. I need to know what it is for. Please someone reply. 

Thanks in advance.



Learning

 4 Replies

Advocate Rohit (Advocate)     31 May 2013

if the occupancy certificate is issued to the building and you purchase the property after that, then you need not pay service tax on the flat. but if the Occupancy Certificate is not issued to the building then you have to pay Service Tax on the flat.

As far as VAT is concerned it is to be paid by the dealer i.e. Developer/Builder and not by the customer. so builder cannot claim VAT seperately from the buyers.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

p k srinivasan (own)     01 June 2013

My father left oneancestral property and self earned property  and passed away twenty years ago.

My eldest brother took a release deed(dont know regd or not) while my father was alive.Now we wanted to

dispose those two old houses in tamilnadu and the market vakue may be 2 cr now. If we wanted to dispose off

thru a builder, can we get equal shares of those properties  for our remaining three brothers and five sisters

and my eldest brother who passed away now, will his son/daughter has the right now(due  to release deed made

in the year 1975) who is the authrity now to sell those property?

pk srini

Advocate Rohit (Advocate)     01 June 2013

The ancestral property shall be divided equally among all the childrens i.e all the brothers and sisters and incase of your expired brother their children shall be entitled for the share as the legal heirs.

 

As far as the other property is concerned, you need to check the 7/12 extract of the property i.e. property belongs to in whose name.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

p k srinivasan (own)     04 June 2013

Thank u very much  Rohit Dalmia,

The other property I mentioned a self earned property duly registered and

bought in my father name only.If so I presume all sons and daughters too eligible

equal share of the self earned property.

Regarding released deed (regd) of my elder brother executed 30 yrs ago will have

any effect by losing the shares in both the properties for my brothers son and

daughter.

Whether all  should sign in the event  of sale of those properties(sale deed to builder)

viz grand sons and grand dughters also.

Thanks

pk srini


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