Registry
gajraj chandel
(Querist) 19 April 2012
This query is : Resolved
The execution court is only transferring the possession of the immovable property which the JD is holding . I have to pursue with the local authorities after the registry to make the title perfect.My query is will I be charged full registry duty since the title is not perfect.Specific performance was decreed by SC where JD stated that he has only possession not the title (patta ,lease deed etc,he got the land by UIT auction). Thanks in advance. Your advice will save me a lot in monitory terms.
Devajyoti Barman
(Expert) 19 April 2012
What is the contents of the decree? Stamp duty differs from state to state.
If the decree is only for recovery of possession then you need not pay any stamp duty.
Raj Kumar Makkad
(Expert) 19 April 2012
If JD is not having the title of the property in his hands, he cannot transfer better rights in favour of the decree-holder. In the given facts, DH shall first have to get the ownership rights in favour of JD then he can get those transferred in his favour through executing court by way of registration sale-deed in his favour. As the auction had only been made in favour of the JD and further proceeding is to be completed so it is now upon the DH to see whether he is competent enough to do so.
Shashikant V. Patil
(Expert) 20 April 2012
The execution proceeding going on and accordingly physical possession transferred is correct. However, the ownership will be transferred in the record of rights by way of court decree from JD to DH. The mutation will take effect by referring court order/decree for the transfer of ownership/title. This is subject to decree and in decree if mentioned to pay stamp duty then registration process will have to be carried out.
Shonee Kapoor
(Expert) 21 April 2012
I agree with Ld. Patil.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
