difference bet.agrmnt.for sale &sale deed for stampduty-regi
AJIT KAWATKAR
(Querist) 29 April 2009
This query is : Resolved
the landlady is share-holder of plot-ownersco-op hsg.socty.in 1990 she gave her plot for to a developer on "devmnt.agrmnt."{Rs.20/-ppr.not regstered.}the bldg.was completed in 1994.total-14apartments.landlady got 2aptmnts.free in lieu of her ppty.she has only possession letter-no agrmnt. my sister purchased 1-aptmnt.from devper.on "Agrmnt,for sale"-stamp-duty paid ®sration done immediately.Till today Appmnt.declaration is pending because landlady has no agrmnt.of her 2-apprmnts.hence no stampduty is paid;{.this is as per devper's opinion] now my sister has decided to sell her Apprmnt.&has found a purchser.his lawyer is saying since she dose'nt have "Sale deed" either she requires "ConfirmationDeed' from devlper or have to pay stamp duty-{?defecient].kindly advise.also let me know whether landlady is liable to pay stamp duty since she has not purchased her Apprmnts. her name still reflacts in PPTY.CARD.
ESTHERPRIYA
(Expert) 29 April 2009
You are well aware of the fact that any transfer of property includes stamp duty and registration fee. If that is not paid the validity of transaction is very law and it will lead to severe litigation disputes in the future. Hence it is better to get a sale deed or confirmation deed registered in your favour before selling the property. As per the Agreement, you have every right to force the developer to do his obligations legally.
