Ats , gpa
vinod sharma
(Querist) 02 May 2012
This query is : Resolved
SIR(S),
I LIVE IN A SOCIETY IN DELHI . AROUND 90% OF THE SOCIETY IS COMPLETE AND AND AROUND 60% IS OCCUPIED .OUR SICIETY IS PARTIALLY COMPLETE BUT NO COMPLETION CERTICATE HAS BEEN PROCURED AND CAN NEITHER BEW PROCURED TILL THE SOCIETY IS FULLY CONSTRUCTED /COMPLETED . THE FLATS IN OUR SICIETY WERE SOLD AND PURCHASED ON THE BASIS OF ATS AND GPA DULY REGISTERED AT SUB-REGISTRARS OFFICE AFTER PAYING THE PROPER STAMP DUTY . MY QUERY IS :
1. IS THE SALE OR PURCHASE OF THE FLAT ON THE BASIS OF ATS AND GPA AFTER PAYING THE PROPER STAMP DUTY LEGAL .
2. CAN THE SUB-REGISTRAR REFUSE TO REGISTER THE DOCUMENTS i.e ATS AND GPA PRESENTED BEFORE HIM WITH PROPER STAMP DUTY ? IS HE RIGHT IN DOING SO ?
3. DOES THE SC JUDGMENT IN SURAJ LAMP PROHIBITS THE REGISTRATION OF ATS AND GPA WHICH ARE BEING REGISTERED / PRESENTED WITH PROPER STAMP DUTY .
4. WHAT ELSE IS THE REMEDY BEFORE US TO SELL THE FLAT(S) ON ATS AND GPA BASIS WITH PROPER STAMP DUTY .
VS
ON BEHALF OF MEMBERS OF SOCIETY
Anirudh
(Expert) 02 May 2012
Can you please indicate as to what is the rough (near about) amount of stamp duty that you are paying on any one ATS?
ajay sethi
(Expert) 02 May 2012
you have not mentioned when you purchased flats through GPA ?
who has given GPA ? is it given to a family relative ?
it was perfectly legal and if after payment of stamp duty it has been duly regsitered in flat owners name you are the owner of said flats .
the judgement in suraj lamps case is of october 2011 immovable property can be legally and lawfully transferred/conveyed only by a registered deed of conveyance. Transactions of the nature of `GPA sales' or `SA/GPA/WILL transfers' do not convey title and do not amount to transfer, nor can they be recognized or valid mode of transfer of immoveable property.
ajay sethi
(Expert) 02 May 2012
you should obtain deeds of conveyance to complete title to the flats
Shonee Kapoor
(Expert) 04 May 2012
Agree with Ld. sethi.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
