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Shashidhar V (Sr Manager Sales)     21 January 2010

Vendor is asking for money not to be shown in the agreement

Respected Experts,

I have a problem & need your advice on the issue. Please help.

I am planning to buy a house at Rs. 40. The vendor on the other part is requesting me to register the prop @ 30.00 ( afraid of capital Gain tax). 

I have paid a consideration of 1 to vendor already, & wish to have a agreement for applying for the bank loan of 20. Now the vendor is asking me to apy the diff amount of 40.00 - 30 = 10.00 in cash before signing the agreement for sale. He also says that the same will not carry any referance anywhere & also I will not have any possesion also. We were suggested that we can have 2 agreements 1 for 30 declaring 10 as received & 2nd for 40 declaring as 10 received - the agreement for 40 will also say that the balance amount wioll be paid in terms of bank loan cheque & part  cash at the time of registration of the property.

The vendor is not agreeing to this also. Please suggest the best way to go forward.

Yours truky,

Shashidhar



Learning

 2 Replies

Mihir Kanti Majumdar (Professional)     21 January 2010

for concealment of facts there remains some risk from revenue/tax authority, but will not hamper your agreement to enforce the contract for purchase of immovable property.

                                                                                                                             M.K.MAJUMDAR

 

 

 

 

 

 

 

 

B K Raghavendra Rao (Senior Advocate)     06 February 2010

House is a commodity sold in market partly for black money and partly for white money.  If you want the commodity purchase on seller's terms or leave it.  What you have narrated is a common problem in the society faced by almost all buyers.  There is no formula to overcome this problem.  Put up with difficulty either way.


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