cpc

1999 development agreement not registered


Place : Andheri west. Amboli, Mumbai, Maharashtra

A development agreement was executed with the Plot Alottee in the year 1999 by the builder. A seven storey building was constructed and completed in the year 2002. The Society was formed in the  year 2005 with 27 flat owners. The flat owners have registered and paid stamp duty on the sale deed agreement of their flat.  Till date the builder/owner has never registered nor paid any Stamp duty paid on the plot total admeasuring 740 sq mtrs situaited at Village Amboli, Andheri west, Mumbai 400058, state Maharashtra. 

1. Is the registration and payment of the stap duty a must before approval and construction of the building.

2. Is the Sale deed agreement valid of the 27 flat owners?

3. Can the Registrar allow these 27 flat owners to form a society as co-op Hsg Soc.

4. The building has only 2 1/2 floor of Completion Certificate till date.

5. What action can be taken against the Architect who submitted the unregistered documents before the construction of the building 

Your Adivce will highly be appreciated. 

 
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One of my friends has booked a flat in a housing Scheme and has applied for home loan. The cooperative housing society the owner of land and he developer have entered into a Development Agreement in February, 2017 at Ahmedabad (Gujarat) on a Rs.100/- stamp paper. Subsequently the Stamp Authorities have assessed the cost of land and directed to pay an amount of 13.50 lakhs as deficit stamp duty and penalty of 0.50 lakhs as penalty.

If the developer has paid the stamp duty but not registered the Development Agreement whether the act of payment of payment of stamp duty and penalty will serve the purpose of registration of document as required by law.

or even after payment of stamp duty+penalty the Development Agreement needs to be presented to the Sub-Registrar for registration.

 

Please guide.

sudhir karandikar

 

 

 
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