Legal Question in Real Estate Law in India

stamp duty

we are planning to buy a property in india . the seller has not paid stamp duty, (the property was internally transferred to sister concerns in their company earlier)

what are the procedures .what are the risks of the buyer


Asked on 7/15/07, 12:38 am

4 Answers from Attorneys

rajeshwar sharma rajeshwarnathsharma

Re: stamp duty

The title of the property will not pass till the document of sale registered as the documents of sale of the property havin value more than Rs.100/- is required compulsory registration. If you do not know the amout of stamp duty than move an application alongwith copy of the proposed sale deed to collector of stamps for ascertaining the stamp duty.

It is seller or buyer as their agreement, is liable to pay stamp duty

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Answered on 7/15/07, 8:14 am
kavitha balakrishnan kpp associates

Re: stamp duty

transfered by what means? - need more details!

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Answered on 7/18/07, 12:37 am
Shrichand Nahar S.V.Nahar, Advocate

Re: stamp duty

Apply to the concerned Collector of Stamps and have stamp duty paid. You also need to register the document as it is for transfer of immovable property having value of more than Rs.100/-.

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Answered on 7/15/07, 1:31 am
Alok Sharma Alok Sharma & Associates

Re: stamp duty

Your querry do not mention as to on which document the stamp duty has not been paid. What are the documents of ownership in favour of the person you are buying property from. I presume that you are NRI since you said you are planning to buy property in India so the deal must be big. In All such deals the papers of ownership of the seller must be closely scrutinized. It is advisable that all the documents of title of the property with seller are examined by a good lawyer or you send those to me after scanning.

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Answered on 7/15/07, 2:20 am


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