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Purchase of land in gujarat

(Querist) 30 April 2011 This query is : Resolved 
I am planning to purchase a land in gujarat.The seller of land has already paid to real owner of land as per documents 7/12.Now as i am planning to purchase the same land and still the dastavej has been not done,the seller is ready to make dastavej on my name so that i have to pay by cheque on the same day of dastavej.

But the question is as the dastavej will be done on my name and then i have to give cheque can i issue the cheque on the seller name who dont have his name in 7/12.

after dastavej the real land owner can claim.What will be the impact in income tax for me.As it will show i have not paid against the purchase of land.
Raj Kumar Makkad (Expert) 30 April 2011
No person can sale any immovable property unless he is shwon owner in the title documents. In your case, agreement to sale (dastavej) can be got executed by real owner in your favour against specific payment as earnest money. If you pay money in favour of middleman (seller) who has no been shown owner in the revenue record then definitely you are going to suffer on may counts including income tax as you asked.
niranjan (Expert) 30 April 2011
Are you agriculturist? If no,you cannot purchase agr.land. The dastavej will have to be done by real owner and not by middleman.
Guest (Expert) 01 May 2011
Mr. Raj Kumar Makkad is right.


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