Dhandapani (System Engineer) 25 April 2014

Need legal advice against to promoters/developers

Hi,

I brought new flat and registered with my name. I took home loan from LIC for this purchase. Later I noticed that my plot number is incorrect in my sale deed.

It was not thoroughly verified by me (I don't have much knowledge of UDS) or builder, however, it should be verified by LIC HFL before releasing my loan payment but not sure why banker has not verified such basic thing which became big issue for me now.

I spoke to my builder regarding this and he agreed that the issue with both sides we were not properly verified the documents. Hence, he agreed and we executed rectification sale deed but the documents are still pending and register claims that we need to pay full stamp duty in order to release the documents.

Builder agreed and requested me to pay 40% of stump duty amount and balances 60% will be take care by him. As per his advice I have paid 40% of amount to him 6 month ago but still he has not taken any action to get the documents. I am keeping on doing follow-up but he is not at all responding me.

Please can anyone advice me how I can deal this situation whether I can pay full amount directly or is there any way where I can take legal action against to builder.

Regards,

Dhandapani.A

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5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 25 April 2014

rectification sale deed stamp duty if any, has to pay to govt. account through bank challans in the sub-registrar office. Why did you to pay to builder ?

Rishi (Junior lawyer) 25 April 2014

How did you pay to the builder cheque / cash/ draft . You can file consumer complaint. Section 12

PROF AATIF ROYALI (SELECTION GRADE LECTURER) 25 April 2014

No need to pay stamp duty for rectification deed if already scales deed is registered and stamp duty is paid only on Rs 100 stamp rectification deed can be executed and registered referring previous registration no

T. Kalaiselvan, Advocate (Advocate) 27 April 2014

I agree that the stamp duty need not be paid for rectification deed, catch hold of the builder and ask him to do it immediately or give a notice to him to comply with your requirement or else file a case against him before a consumer forum.

adv.raghavan (Advocate,9444674980) 27 April 2014

It is only a misdescripttion of the property, there is no need to ask for full stamp duty . Did the registrar issued any notice in this regard. If so contest the same in high court through writ. The registrar cannot tell things orally, he should reduce things to writing.