Hi,
Can somebody please advise me on the following?
I had executed an agreement of sale (1% stamp duty paid) in joint names along with my wife for purchase of a flat in Goa. I have paid all installments, taken possession and we have been living there for past one year. Now execution of the sale deed is due. It has now come to light that as an ex-serviceman, I will be granted exemption of balance stamp duty and registration fees if the sale deed is executed exclusively in my name (surprisingly, the rules permit exemption to either ex-servicemen or their widows, but not in joint name with spouse).
Can I execute a rectification deed to convert the agreement of sale exclusively in my name, and if so what is the process? Please note that my wife has no objection to this since we will be saving a lot of money. Is the builder involved in this or is it only between me and my wife? Can the builder refuse to co-operate? Do I need to prove that entire cost of the flat was borne by me and if any payment was made from my wife's account, do I need to pay her back? Is there any stamp duty charges involved?
Thanks
