Registration of flats
Prakash Gupta
(Querist) 14 November 2017
This query is : Resolved
Hi, I want to buy a flats in Gorai 2 Borivali West mumbai, however the flat owner has paid the stamp duty and share certificate is in the name of flat owner. But flat owner is not registered the flat with registrar. Whether we will face any problem if previous owner is not registered with registrar. Also whether it is possible myself to registered directly without previous owner registration.
Prakash
Ms.Usha Kapoor
(Expert) 15 November 2017
BUYER ALWAYS BEARS STAMP DUTY AND REGISTRATION CHARGES FOR TITLE AND POSSESSION.SO YOU PAY REGISTRATION CHARGES AND OWN THE FLAT AND APPLY FOR MUTATION IN municipal CORPORATION RECORDS FOR MUTATION OT TRANSFERRING YOUR NAME IN THE MUNICIPAL RECORDS..fOR FURTHER INFORMATION ON THIS ISSUE PLEASE CLICK THE FOLLOWING LINK.
https://www.relakhs.com/mutation-property-transfer-title-records/
Ms.Usha Kapoor
(Expert) 15 November 2017
I(F You appreciate my above answer please give me likes.
Guest
(Expert) 15 November 2017
There are various emerging cases of this kind
1) Maharashtra Stamp Act state if document is properly stamped then it can be admitted as evidence in Hon. Court , So if the document is properly stamp you are safe. For confirmation you can send the document for adjudication old document can take time 2-3 months some time and you will know whether document is properly stamped or deficiency is there and if less stamp duty paid please pay the stamp duty
2) By Chance if previous owner and latest owner both are available and ready to sign better make another proper deed and get it reigstered , like confirmatory deed.
3) Now due to change in law after 2011 , all parties are required to be present in registrar office , previous method of unilateral registration (Not correct word) etc. which was going on is completely stop and not done in registration office
4) Most imp. thing that un-registered document you have to preserve very carefully , kept in bank locker only because if it is lost you have lost the document for ever , if document is registered you can get print out , photo copy from registrar office so this care you have to take for ever.
Guest
(Expert) 15 November 2017
If proper stamp duty paid , and remaining clearance by Adv dealing in property law you get like title certificate then you can take the flat in my opinion
But regarding that un-registered document you need to take lot care
And changing law can also affect the matter , but there are thousands of such cases so Assembly will not be so harsh
Additionally while selling such flat there can be little hurdle because next buyer may not be aware of all facts of such kind, and people like to take flat which don't have any problem or very less problem
But please get un-registered document adjudicated (It is process by which zerox or orignal subitted with form , where it is calculated and checked if proper stamp duty is paid or not . Govt fee is nominal and ten times you need to keep follow up , so if you don't want to go there ten times better give work to Adv who does such work )
Rajendra K Goyal
(Expert) 15 November 2017
The title is defective if the property is not registered in the name of present owner by the previous owner.
Let the document be registered in the name of present owner by the first owner.
Rajendra K Goyal
(Expert) 15 November 2017
The title is defective if the property is not registered in the name of present owner by the previous owner.
Let the document be registered in the name of present owner by the first owner.
P. Venu
(Expert) 15 November 2017
The facts, as posted, lacks clarity.
Prakash Gupta
(Querist) 15 November 2017
Thank You all for giving valuable suggestions
Kumar Doab
(Expert) 16 November 2017
'Buyer Beware' applies to property deals.
It shall be appropriate to get proper legal opinion from a very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil matters before signing or making payment.
This may cost some FEE but can defend long term interest and hard earned monies.
Kumar Doab
(Expert) 16 November 2017
For your interest you may go thru:
4. Promoter before accepeting advance payment or deposit to enter
into agreement and agreement to be registered.
http://bombayhighcourt.nic.in/libweb/acts/1963.45.pdf
Kumar Doab
(Expert) 16 November 2017
For your interest you may go thru:
Section 41 - Exemption from compulsory registration of instruments relating to shares and debentures of societies
https://mysocietyclub.com/assets/pdf/Maharashtra%20Cooperative%20Society%20Act%201960.pdf
