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Anand Poply (Lawyer)     07 December 2010

STAMP DUTY IN CASE OF AGREEMENT TO SELL

Hello everyone,

my question is regarding stamp duty in case of agreement to sell,

Suppose agreement to sell an agricultural land has been carried out then will it attract stamp duty under bombay stamp act or any other act,

& beside this part payment (as bayana) is made without depositing stamp duty,than than what are the rights available to the party who has paid the money..

also what action should be immidiately taken by the money payer in this case...?


 



Learning

 7 Replies

C.Arasamuthu (Advocate)     08 December 2010

Registration is compulsory wherever the sale consideration exceeds Rs.100. But in the case of "sale agreement", it is an agreement only. By which, nothing has been conveyed/transferred.

Sale agreements need not be registered. It requires Rs.20/- stamp paper only.

But if you want to register the sale agreement, the registration fees is 1% of the advance money (not on the sale consideration).

Unregistered sale agreements which carry 20 Rupees stamp is admissible for evidence.

 

Such sale agreements are  valid and bind the parties.

With regards

C.Arasamuthu

1 Like

Anand Poply (Lawyer)     09 December 2010

Thank you very much Sir..

I am very glad that you helped me out.....

expecting your help in future too,

again thank you Sir..

Abhishek Marvi (ADVOCATE)     09 December 2010

AGREEMENT TO SALE  IN GUJARAT IS EXECUTED 100 Rs. Stamp paper,

agreement to sell is with given possession or not given,

if possession given than stamp duty is payable at as per dicided by goverment rate

without depositing amount in agreement to sell it not value,

Basavaraj (Asst, Manager-Legal)     01 January 2011

Rs.100/- is enough for agreement to sell, and not required to registration.

Abhishek Marvi (ADVOCATE)     01 January 2011

in Gujarat agreement to sell is compulsory registration before sub registrar

nishad (Asst.Manager Legal)     05 January 2011

I doubt that...Agreement to sell is not compulsory registrable document U/r Sec 17 of the Indian Registration Act.No immovable property gets conveyed through Agreement to sell and the same is subject to final Sale deed.There may be differences in the stamp duty depending upon whether possession is given or not..

Pankaj (advocate)     28 August 2012

I agree with Abhishek Marvi. As in Gujarat it is compulsury to get your Agreement to sale registered before the Sub-Registrar. This will help you in many ways if there is any litigation for the same piece of land/premises before the cuorts.

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