Agreement and deed

PPBiswas (Querist) 03 April 2011 This query is : Resolved
If sale agreement of an immovable property is registered(before actual construction has been completed) is it necessary to register the sale deed for the same property after actual possession is given?And if yes,do we have to pay full duty or the balance only?

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Chanchal Nag Chowdhury (Expert) 03 April 2011
Your query is not clear.Sale agreements are generally made on stamp papers of nominal value. However, in a state like WB,if the Sale agreement is sought to be registered,full stamp duty is claimed. If U have paid the duty & have registered the agreement, the question of paying further duty does not arise unless there has been an increase in the immovable property being purchased. However, the Registration charges have to be paid at the time of registration.

Naresh Kudal (Expert) 03 April 2011
An agreement is not a transfer deed hence you need to register the sale deed. For fee and procedure there are different provisions in different states. In state of rajasthan stamp duty on agreement to sale is 3% and if you want registration of sale deed for the same property between same parties within a given time limit only balance fee is payable.

Kirti Kar Tripathi (Expert) 04 April 2011
Sale agreement is not sufficient. You can not be owner of the immovable property under the property is registered in your name. thus registered deed is necessary. For registration of deed you are liable to pay stamp duty as per prevailing circle rate at the time of registration. However, the duty already paid will be reduced.