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Registration of agreement of sale
27-Oct-2023 (In Property Law)
An Agrement of Sale between Builder and Mr. Mamtora was carried out in July 1988. Accordingly, the builder handed over flat to Mr. Mamtora in August 1988.
Mr. Mamtora paid stamp duty under amnesty scheme in 1995 but did not carry out registration of agreement of sale.
I have entered into an agreement for sale on 01.10.2019 with Mr. Mamtora. I have paid 8.6 lakhs as stamp duty and Rs. 30000 as registration fees. On submitting a chain of documents with HDFC for a home loan, I was told by HDFC that the agreement of sale between the builder and Mr. Mamtora is not registered.
I informed Mr. Mamtora of same. He is ready to do the registration. However, our broker says there is no provision to do the registration of the document as the builder is not available.
Kindly show me the way to get the original agreement for sale between the builder and Mr. Mamtora registered.
You broker did not inform you that if agreement for sale is not registered, banks will not give loan. If you had taken an advice of a lawyer , he /she would have definitely informed you this issue beforehand. Without builder, agreement can not be registered.
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Adv. Mukesh Vasant Shinde
Thane | 400+ Answers
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There are two conditions for registration
No.1 condition
Seller should be present , that is in your case the Developer
No.2 condition
U should be ready to pay stop duty at 2019 rates , whatever u have paid will be deducted
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Adv. Aniket Nerurkar
Mumbai | 25+ Answers
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of course there is a way out. here's what you will need to do. Mr mamtora will have to register a declaration deed one side with the registrar pay the requisite stamp. according to law if a stamp duty has been paid that document can be used in evidence in any court. hence the previous agreement is a valid document. if the builder is not willing or not available, you can proceed to do a declaration deed. this is a very common issue hence a simple solution.
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Adv. Clerence Pereira
Pune | 25+ Answers
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