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Sale deed

(Querist) 03 December 2013 This query is : Resolved 
Sir,

I have booked a flat in Vadodara for Rs 32 lakhs. The sale deed for the same is underway. When I went to the builder, I was told that the sale deed would be made in two parts - one, for the cost of land, i.e. Rs 10 lakhs and second part would be an Agreement of Construction for Rs 22 lakhs. I have been given two options, either make one sale deed and pay the complete stamp duty, which is about 1.8 lakhs or make it as proposed, where the stamp duty is reduced to about Rs 60,000/-. As on date, I have paid only Rs 60,000/-.

I wish to know if this is legally acceptable and what complications can I face in future.

regards
Devajyoti Barman (Expert) 03 December 2013
No, do not do this. For flat there is no such segregati0on of cost especially when you are purchasing a ready made flat from a builder. You did not engage him to build the flat.
BAALASUBRAMANNYAMM (Expert) 03 December 2013
Your Sale consideration amount is Rs.32 Lakhs, it means in inclusive of land cost + construction cost(Builder's value).So you dont segregate the total value.
Rajendra K Goyal (Expert) 03 December 2013
Well advised by the experts, nothing more to add.
prabhakar singh (Expert) 03 December 2013
That is not the legal way.Your builder is planning to cheat you leaving all burden of a sanctioned plan and all local laws follow up on your shoulders and seems to have an intention to grab stamp duty also.

Do not go his proposed way.

Go the way thing go usually.

Engage a local property lawyer.


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