Mehul55512
17 February 2012 at 07:59
http://www.lawyersclubindia.com/experts/details.asp?mod_id=223341
From the above link I am clear on the purpose of Agreement for Sale and Sales Deed.
Now, I request your advices on the below scenario -
Agreement of Sale was executed between Builder, Land owner and Purchaser and the same was also registered and Stamp duty up to Rs. 30,000/- had also been paid.
Purchaser had cleared the outstanding total consideration and Builder had also given possession of the flat and had also given possession letter and acknowledged payment made by purchaser by furnishing receipts.
However the Sales Deed was not executed after the above step.
The purchaser resells the flat and also gets a NOC from the Builder and provides the same to the new Purchaser.
Four years have passed since the Agreement of Sale was executed.
My question is - If the Sales deed has to be executed now, between whom should it be executed?
a) between Builder, Land Owner and Purchaser OR
b) between Builder, Land Owner and New Purchaser OR
c) between Builder, Land Owner and Both the Purchaser?
AND
Will Stamp Duty have to be paid, even though Stamp duty was already paid on Agreement of Sale?
Note - There were no terms in the Agreement of Sale which indicates that the Agreement of Sale would be treated as Sales Deed once the Builder and Purchaser obliges each other.
Thanks for your valuable advice in advance.
Regards
Mehul Shah
Query on execution of sales deed
http://www.lawyersclubindia.com/experts/details.asp?mod_id=223341
From the above link I am clear on the purpose of Agreement for Sale and Sales Deed.
Now, I request your advices on the below scenario -
Agreement of Sale was executed between Builder, Land owner and Purchaser and the same was also registered and Stamp duty up to Rs. 30,000/- had also been paid.
Purchaser had cleared the outstanding total consideration and Builder had also given possession of the flat and had also given possession letter and acknowledged payment made by purchaser by furnishing receipts.
However the Sales Deed was not executed after the above step.
The purchaser resells the flat and also gets a NOC from the Builder and provides the same to the new Purchaser.
Four years have passed since the Agreement of Sale was executed.
My question is - If the Sales deed has to be executed now, between whom should it be executed?
a) between Builder, Land Owner and Purchaser OR
b) between Builder, Land Owner and New Purchaser OR
c) between Builder, Land Owner and Both the Purchaser?
AND
Will Stamp Duty have to be paid, even though Stamp duty was already paid on Agreement of Sale?
Note - There were no terms in the Agreement of Sale which indicates that the Agreement of Sale would be treated as Sales Deed once the Builder and Purchaser obliges each other.
Thanks for your valuable advice in advance.
Regards
Mehul Shah