payment of stamp duty and registration

sandip c (Querist) 05 December 2009 This query is : Resolved
Dear sir,

My father was a landowner.He had given it to builder for development.Development agreement is prepared stating allotment of only area in the proposed building.Buliding has been completed and suppplementary agreement is prepared for alloted 3 flats.3 flats which are alloted are mentioned in the supplementary agreement.Society membership is given.My father died without registering supplentary agreement of 3 flats.
Now today my mother want to register these 3 flats and pay stamp duty for the same.
Now my question is which documents whether development agreement or supplementary agreement is to be registered.How can we prepare docs and pay stamp duty as my father is dead.

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joyce (Expert) 05 December 2009
While registration of documents original is to be taken and the supplementry document will be annexed together with the orignal one as specifing both the documents are part and partial of the dealing as will be together registered. As for the stamp duty it depends on the property valuation.

G V S Jagannadha Rao (Expert) 05 December 2009
Your father is the owner of land. Therefore there is no need for him to take land from the builder. There is a flaw here. In consideration of your father parting with (a substantial part of ) his land, he was allotted with 3 flats in the apartment. He should have obtained an exchange deed or a sale deed for three flats mentioning the value of land given to builder as consideration.

I suggest you show the documents that you have to a good advocate having considerable experience in property matters and take his advise. Such questions cannot be answered without looking into the recitals in your document.

Registration of documents with incomplete retitals will land you in problem in future.

Raj Kumar Makkad (Expert) 05 December 2009
The original agreement might have been got registered by your father with the builder and now he failed to get registered the supplimentary agreement so this second one (supplimentary) which one is the part of former one is required to be registered by all legal heirs of your father.