Can a Village property ( gaonton ) be registered in subregister office

914 votes

Hi. From your query I can gather that you are buying a residential property. For that it is essential that the seller should have a registered document in his name with proper stamp duty paid on that document. You said the seller has a notary agreement. That means stamp duty was not paid in the previous sale transaction between the builder and your seller. When you present your sale document for registration, the authority will first check whether stamp duty was paid on the first document. In your case it's not paid. So you or your seller as per agreement between you, have to bear that stamp duty along with penalty in addition to stamp duty payable on the sale document between your seller and you. It is not possible for me to tell you the exact stamp duty payable on sale transaction between you and your seller. For that I will need details. But I can inform you the rate of stamp duty which can be either 4 or 5% of consideration value or market value whichever is higher, depending what the competent authority in that area charge. Plus there will be registration fee of 1% of consideration value or market value whichever is higher. Some areas also have a separate local body tax. That you will have to determine from the department. The light bill and tax receipt can be attached to your sale agreement. I also recommend you to issue a public notice to invite objections from members of public against the proposed sale. Also take out a search report of atleast past 30 years (depending on the age of property) to ascertain no third party rights are created in respect of the property you are going to buy. The penalty payable for non payment of stamp duty on first sale document is maximum twice the stamp duty payable on that document. Thanx

LawRato LawRato

963 votes

Your will require the following documents:
1. You will need a registered document from the builder and not simply a notarised agreement;
2. You will need 7/12 extracts or 8A form of the said land;
3. You will need to do a title search of the land through an advocate;
4. You will need to collect all other information relating to the current owner and previous owner;
5. Approach a local lawyer who can help you, with your case.

Advocate Gowaal Padavi LawRato