Legal Question in Real Estate Law in India
Stamp Duty
Q.1. I had purchases a flat on resale from doctor for Rs. 35,000 in 1978. The agreement was duly registered on a stamp paper of Rs. 5 + 5. Now the society says that, I should pay the stamp duty on the agreement between the builder and the original buyer i.e. doctor. This agreement was not registered. Am I bound to pay?
Q.2. In teh same building, I had purchases other two flats in 2005, after paying all the stamp duty and got it adjudiated. Now the society insists that I should pay the satmp duty for the earlier transactions conducted between 1974 and 2005(for Rs. 39500-unregistered agreement). What is my liability towards the payment?
3 Answers from Attorneys
Re: Stamp Duty
You need to find out whether conveyance of land and building executed and registered in favour of the society before you purchased the flats.
In case, conveyance was not done then and now it is proposed to be done, then you would be liable to pay the stamp duty and registration charges in respect of the documents prior to Dec 1985.
Re: Stamp Duty
Ans 1:- The current owner will automatically be liable to pay any deficit stamp duty for the earlier owners also. As you have all agreements prior to 10.12.1985, best option for you is to get it confirmed by applying in the Amnesty Scheme 2008.
Ans 2:- Your answer to the second question also lies in the above answer. Get the agreements of all the other flats regularized in the Amnesty Scheme 2008 for your own safety.
Re: Stamp Duty
You should pay the entire stamp duty and get a clear marketable title in your favour.
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