Sarita Kumari 09 April 2022

Property Registration- Sale Deed of flat

Can someone provide me an expert opinion on the below property related matter?

Defence personal and his wife puchased a flat through agreement to sale in 2002 and the same was registered with the Sub-Registrar of Goa without paying SD, as in that year the requirement or compulsion to pay SD was not there.

Since then, the purchasers are staying in the said flat, but, no Sale Deed was executed. Now the purchasers are willing to execute the Sale Deed.

As only defence personal is exempted from Stamp duty and registration charges, half of the SD n registration charges needs to be paid as name of wife is also there in the Agreement to Sale.

What options are available to avoid complete SD n registration charges in this scenario when name of the wife is there in the agreement for sale?

Can name of the wife be removed while executing the Sale Deed without cancellation of the Agreementto Sale? What other options are available to avoid complete SD and Registration charges.?

Reply Follow

5 Replies

P. Venu (Advocate) 10 April 2022

What is SD? Anyhow, any suggestion depends upon the terms of the agreement?

Anand Bali Adv. (Advocate Solicitor & Consultant) 10 April 2022

Please note an Agreement to sell is anot a sale document it is only an intention showing agreed minds to purchase the particular property.

Now if the Army personal is exempted to pay Stamp Duty on a Sale Deed in Goa you can do it in the way described as below:

1. A sale deed in the name of the Army officer be executed for the full property as a step one. ( here he will be exempted to pay the SD. and the whole property will come transferred in his name

2. after Six months of so he can gift the half portion of the property in the name of his wife where the registration charges of the gift will be applied but not the stamp duty on its registration as she is exempted under Sec 56 of the Income tax Act for the Gift Tax.

It will solve your problem of inclusion of the nme of your wife in half share ( Or Gifted share part) of the property..

1 Like

Sarita Kumari 11 April 2022

Sir, thanks for reverting back on my query.

But, when the Agreement to Sale is registered with the Sub-Registrar of Goa, in the year 2002 which includes name of both, the defence person and his wife, is it possible to registrer a Sale Deed only in the name of Defence personal?

For more clarity, complete consideration was paid at the time of buying the flat and was suggested by the lawyer to go for agreement to sale n not Sale Deed.

Now, as name of the wife is in the Agreement to Sale, it is being told that as agreement to sale is registered, name of the wife cannot be removed and would be included in the Sale Deed as well and half of the Stamp Duty and registration charges needs to be paid.

Further, as the property is 26 years old, will there not be any depreciation applicable at the time of calculating the Stamp Duty and registration charges?

When the puchaser/defence personal is having an option to pay zero Stamp Duty and registration Charges, he is forced to pay lacs of Rupees.

kindly suggest.

Dr J C Vashista (Advocate) 11 April 2022

Can you please let me know the provision of law (in Goa or else where) where defence personnel are exempted from payment of Stamp Duty / concessional rate of Registration Charges as stated by you ?

Sarita Kumari 11 April 2022

https://www.goa.gov.in/government/orders-and-circulars/

order no. 35/1/2002-rd(5902)/3037 dated 12/02/2020

order no. 35/1/2002-rd(5902) dated 29/11/2002