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Laxmi Vasudevan   27 September 2021

Stamp duty paid but registration not done

My husband bought the flat in 1992
Stamp duty of Rs 18600/- s paid in 1997 but registration s not done
He passed away last year
The society transferred the flat to my name as I was his nominee
Now how to get it registered?
I want to sell the flat
Is it feasible?
Pl guide me

 6 Replies

Dr. J C Vashista (Advocate and Legal Consultant)     27 September 2021

You will have to get the sale deed executed and registered by the vendor (seller) in your name directly since your husband could not get it done during his life time. Otherwise, the property is still in the name of vendor, which you have no title, right, claim or interest. Stamp duty papers purchased in 1997 can not be used in 2021, however, apply to area SDM for refund of amount of unused papers. You will have to purchase fresh stamp papers of appropriate value.

Laxmi Vasudevan   27 September 2021

Thank U sir fr the reply If the seller s not available or alive is there any other option? Also I ve 2 children whose notarized NOC & POA I ve Will this help me In anyway

Shashi Dhara   27 September 2021

You have to file declaratory suit ,if Ur children's are minor you have to obtain court permission to sell.

Laxmi Vasudevan   27 September 2021

Thank you Sir My children are major

G.L.N. Prasad (Retired employee.)     27 September 2021

The presumption is that you are enjoying possession and enjoyment of the flat and the society's records confirm such fact. Please contact a local advocate to claim adverse possession and get a proper declaration from the competent court.

Laxmi Vasudevan   27 September 2021

Ok Thank U sir Will consult local Advocate That will be the best No more discussion on this 🙏

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