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Neil Coutinho (Project Manager)     04 March 2014

Buying a resale flat procedure

My family and I are going to buy a resale flat in Undri Pune. I will be also taking a home loan for the same. For applying for the loan the Bank has asked for an Agreement to Sell. I have the following queries

  • Since I will be paying the seller a down payment of X amt and funding the rest from the Bank loan the Banks advocate has agreed to draw up the Agreement to sell. She says this agreement needs to be registered and stamp duty needs to be paid is it necessary to pay stamp duty at this stage or when executing the Sales Deed?
  • Do i need to once again pay stamp duty when Sales Deed is executed?
  • If the bank were to reject my Home Loan for any reason and I have already paid this stamp duty how do i recover it?
  • What is the difference between an Agreement to Sell and Agreement to Sale

and finally 

  • The seller was allotted an additional parking spot (stilt level) He has an allotment letter from the builder. Do I need to register this parking spot separately? I want to sell it off at a later stage.

I would appreciate any help in clearing the above doubts
Best Regards,
Neil 



Learning

 1 Replies

Advocate Rohit (Advocate)     04 March 2014

Mr. Neil, since you are paying the x amount in cash to the builder it is always advisable to have the agreement to sell duly registered. The stamp duty paid for the said agreement to sell would be low and the same could be adjusted in the Agreement to Sale.

 

Further, the allotment letter issued to the seller need not be required to be registered. in the agreement to sale you need to mention about the same.

 

Also the said society shall issue the NOC for sale of flat by the present owner alongwith parking shall be enough.

 

Hope your query is resolved.

 

Regards

Advocate Rohit Dalmia

9324538481

Mumbai


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