Application of stamp duty on development agreement and who pays it

226 votes

A development agreement is subject to stamp duty. The stamp duty applicable to a development agreement depends on the laws and regulations of the specific jurisdiction where the agreement is executed. Stamp duty is a tax levied on certain legal documents, including agreements and contracts, and the rates and rules governing stamp duty vary from state to state. The stamp duty is typically calculated based on the value of the development project or the consideration mentioned in the agreement. The applicable stamp duty rates can also vary based on factors such as the nature of the property, its location, and the purpose of the development.

While possession of the flats and shop has been given to you, it is important to ensure that the necessary legal documentation, such as a sale deed or conveyance deed, is executed to establish your ownership. A possession letter alone may not be sufficient to establish a clear title.

It is important to update the property tax and utility bills in your name as the rightful owner. This can typically be done by providing the relevant documentation, such as the sale deed or possession letter, to the respective authorities responsible for property tax and utility bill administration. It is advisable to contact the appropriate authorities in your jurisdiction to understand the specific procedure for updating the records.

Index II is a document maintained by the Sub-Registrar's office that contains details of registered transactions related to a property. It is advisable to obtain a certified copy of the Index II for your property to verify the ownership details and any registered transactions. This can help establish a clear title and ensure there are no encumbrances or disputes associated with the property.

If you wish to sell one of the flats, it is important to ensure that you have a clear title and all necessary documentation in place. This may include obtaining the required permissions and clearances, updating records, and executing a sale deed with the buyer. Consulting with a legal professional is recommended to ensure a smooth and legally compliant sale transaction.

It is advisable to consult with a qualified property lawyer or legal expert who can review the specific details of your case, analyze the relevant laws and regulations in your jurisdiction, and provide you with appropriate advice based on your specific circumstances.

LawRato LawRato

538 votes

Dear Sir,
It appears from your narration that you have entered into a development agreement with a builder for developing your land, the builder has constructed 20 flats and 8 shops on the your land out of which he has handed over possession of 2 flats and 1 shop to you. In case of a development agreement at the time of registration of the stamp duty is paid on the total amount of consideration i.e the monetary consideration and at the ready recogner value of the flats/shops handed over to the land lord, hence in your case the builder must have paid the stamp duty on your 2 flats and 1 shop. Accordingly you are not liable to pay stamp duty on the same, further on handing over of possession the builder has rightly given you the possession letter, your development agreement is your title to your 2 flats and 1 shop and you are free to sell the same on the basis of the development agreement. With respect to your query about property tax and electricity bill, in case of the development agreement the ownership of the land does not get transfer to the developer he only has the right to develop the land and hand over the share of the land lord as agreed in the development agreement.It seems that the developer has entered his name in the record of rights and that is the reason why the property tax is being generated in his name. I can appropriately advise you once you furnish me with your Development Agreement and title related documents of your land. For any further assistance kindly get in touch.

Advocate Mohammed Zain Khan LawRato

645 votes

the payment of stamp duty of the flat/ shop in lieu of giving the land to the developer , totally depends upon your understanding with the developer. had you discussed or negotiated with him on it would have been better.To make your property marketable you need to get the property registered in your name and get all the maintenance, electricity bills, property tax in your name. this all can be done only when the flat/ shop is registered in your name.

LawRato LawRato