Registration of land of new villa,etc.
Querist :
Anonymous
(Querist) 03 December 2011
This query is : Resolved
For booking a new House/Villa, the builder says that the land will be registered in my name for which the registration stamp duty is to be paid. I would like to know what will be legal implications to me if only the land is registered in my name and NOT the entire House/Villa - after completion of construction ? Kindly guide, if the above arrangement is legal sound or not.
Devajyoti Barman
(Expert) 03 December 2011
If the land is wholly a part of the villa then the registration for Villa would automatically mean land beneath the property though the vice versa is not true.
So registration of land without constructions upon it is not legally valid.
Shailesh Kr. Shah
(Expert) 04 December 2011
It seems that you wish to "save" Stamp Duty, it is not advisable. registered sale deed incl. land and constructions.
Querist :
Anonymous
(Querist) 04 December 2011
Dear experts,
Thank you for valuable opinion. However, it appears that further clarifications needed by learned Shri Tom ji . What is meant is that the builder of the villa project insists that he would register only the land in my name before the Villa/house is constructed thereon. In short, although the builder would construct and handover the completed Villa/house to me, he insists that he would register the only in my name before the construction start thereon, that means, there would be no further registration/sale deed of the entire villa by him. I am told that this is generally the practice of the builders everywhere and as such I would like to be clear as to whether such an arrangement would be legally tenable or not. Request valuable opinion from more experts.
M/s. Y-not legal services
(Expert) 04 December 2011
