Registration, transfer and stamp duty to be paid

joyce dsouza (Querist) 20 February 2017 This query is : Resolved
Respected Sir,

A flat sold in the year 2003 Sale Deed, Power of Attorney and transfer documents were done and is all with the buyer, but the buyer did not pay stamp duty, registered the sale deed or done the necessary transfers in Cidco and now the buyer wants to pay stamp duty,Registration and do the necessary Transfer in Cidco and is forcing the seller to sign on fresh agreement and that too todays valuation of flat either giving any money to the seller. Can't he register, pay stamp duty and transfer in cidco on old sale deed by paying penalty etc. why is he forcing the seller for no fault. Your reply in this matter will be highly appreciated

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Adv. Yogen Kakade (Expert) 21 February 2017
The document without the payment of stamp duty is not valid. rather it creates the question towards its execution. And now if you want to pay the stamp duty then the current govt. rate or market shall be applicable and the registration is required.

rajeev sharma (Expert) 21 February 2017
Rush ! and get the sale deed registered though you have paid price but you are still not owner of the property. Unregistered document do not transfer any ownership right moreover registration of such documents is mandatory as pr law and in case of any dispute regarding property may not be admitted in evidence by court.