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Marc K (Business Developer)     18 August 2017

Issue faced in transfer of SRA flat in mumbai

Hello Experts,

My father has purchased a flat in a SRA building 10 yrs ago wherein he was told that it can be transferred once the mandatory period of 10 yrs is over. Now we're facing the following issues:

1) SRA authorities had come for survey of all buildings in the areas and took documents. All owners who had purchased flats prior submitted the documents of sale.

2) Post that, we were summoned to the SRA office, wherein we were asked to submit the copies of sale deed etc again. On enquiring with the officers, they suggested we need to complete stamp duty, registration of the flat.

3) No when we ask the original allottee for helping us with registration, she's demanding Rs. 1,00,000 for this. Inspite of paying here the amount for flat 10 yrs ago and she signing in the POA & Affidavit.This is sheer extortion.

We want to understand:

a) How do we go about this process? Is she right in asking for this Rs.1,00,000.

b) Can we pay stamp duty & registration?

c) What is the process for transfer of flat in SRA?

d) Any issues we might face in this?

 

Your assistance would be highly appreciated. Kindly assist.

 

Regards,

 

Marc.



Learning

 11 Replies


(Guest)

First, your transaction regarding purchase was illegal, original allottee can not sell the flat for 10 years he sold and you purchased, now all three, purchaser, seller, SRA authorities have formed legal triangle of dispute

Second see at present I don't know concrete legal solution regarding this because Housing Minister raised the topic that 30% free flats are sold and it has to be regularized , but Law Ministry has raised some issue and matter is pending at Ministry level and necessary amendment in act is required to be carried out to give effect for Housing Minister proposal of regularizing free flats which were allotted at first instant 

Under circumstances, we are not in position to give any concrete opinion which step should be followed, additionally, SRA is in Picture so what you have given in writing there will be constructed by SRA against you too so every step has to be taken properly , may be some one there is suggesting you that you show that flat is purchased today that is after 10 years and it will be straight in min. some thing like that .

Marc K (Business Developer)     18 August 2017

Hello Madhu,

Thanks for your inputs. While I do understand this being not understand the legal gambit, it was unknown to my father then. However, would like to understand if stamp duty & registration & transfer would be the right path on this?

Further, how do I negotiate on this demand from the original allotte? This is nothing but sheer extortion!!

 

Regards,

Marc.

Kumar Doab (FIN)     18 August 2017

Local counsels well versed with such matters can opine the best...

Laxmi   06 January 2018

What did u do finaly pls tell me also has i am also struggling the same way like u.in my case they r asking 10 lacs which i cannot afford.pls help

Karan Naik   15 July 2018

I would suggest if the demand (extortion) is 1 lakh, then please get it done at the earliest before someone puts into the head of the seller the complications of capital gains. If u require any help in documentation to simply the taxation issue u may contact me.

Ramesh   18 July 2019

Dear Marc,

What did you do further, pls tell me the process also like you i'm struggling. In my case my society is not issuing the NOC and are denying any process to do as SRA issued a notice on go for Abhay Yojana, pls help and provide your number.
Regards,

Ramesh Ch 

 

ST Channel   08 March 2020

i like to buy SRA flat my budget was low and i didn't have any property in Mumbai. my position in middle class. now maharastra govt going to regularizing to sell with in 5 year. can i purchase flat in SRA. please advise i so confused.

ST Channel   08 March 2020

Sorry Maharastra Govt. going to regularazing to sell after 5 Year. some building are completed 6 & 7 year. can i buy those flat.

hitesh salgaonkar   19 March 2020

Even my father purchased SRA flat in 2009 now after 10 years old owner is demanding money its market value now is 40 lakh and previous owner sold it for 18 lakh and now at the time of transfer she is asking for money she is telling the property rate are being increased and I also need some percent of it. So what you did how you managed up the previous owner even I can't offored to pay such a big cost already. I have to pay double stamp duty which will cost 6 lakh and extra money is demanded by previous owner. So what I do please guide me.

hitesh salgaonkar   19 March 2020

Even my father purchased SRA flat in 2009 now after 10 years old owner is demanding money its market value now is 40 lakh and previous owner sold it for 18 lakh and now at the time of transfer she is asking for money she is telling the property rate are being increased and I also need some percent of it. So what you did how you managed up the previous owner even I can't offored to pay such a big cost already. I have to pay double stamp duty which will cost 6 lakh and extra money is demanded by previous owner. So what I do please guide me.

Marc K (Business Developer)     19 March 2020

Originally posted by : hitesh salgaonkar
Even my father purchased SRA flat in 2009 now after 10 years old owner is demanding money its market value now is 40 lakh and previous owner sold it for 18 lakh and now at the time of transfer she is asking for money she is telling the property rate are being increased and I also need some percent of it. So what you did how you managed up the previous owner even I can't offored to pay such a big cost already. I have to pay double stamp duty which will cost 6 lakh and extra money is demanded by previous owner. So what I do please guide me.

We had to negotiate with the seller and spent weeks at it which ultimately made sense in their head. It was a downright wrong and they tried to play greedy but it worked out for us. Just try to reason out with them and get them somewhere halfway or lower and pay upfront. It's no use to reason much with such people.. 

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