• Stamp duty and registration for flat in Mumbai

My Grand Father had a Mahada leased plot in Mumbai. The property was gifted to me by Hiba in 1983. We went for redevelopment in 1987. The builder alloted a flat in the building constructed. The sale deed given to us was not registered or stamp duty paid as we had got the flat free of charges (except for Rs 1.25Lakhs paid as additional amenities provided). Now should I pay the stamp duty to get it regularized? How is the title affected? The lease deed is transferred in my name by MHADA
Asked 4 years ago in Property Law
Religion: Muslim

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4 Answers

Was there a redevelopment agreement?

Was such agreement stamped and registered?

As the flat was allotted against grant of development rights, the allotment agreement would not attract any duty but would have to be registered for conferring proper title on you

There will be no stamp duty if the development agreement was duly stamped

Mere stamping the document does not cure your defective title. 

The document has to be registered. 

The maximum period to register the document is 8 months with penalty from date of signing 

As that period must already be over you will have to approach the builder to execute a fresh allotment agreement in your favour 

Yusuf Rampurawala
Advocate, Mumbai
7733 Answers
79 Consultations

If the lease deed has been transferred to your name by a registered document, then you may not pay the stamp duty.

The stamp duty is paid at the time of registration of the property to an individual's name. 

Since the sale deed was not registered to your name, you may have to pay the applicable stamp duty and get the deed registered to your name, i.e., by regularisation mode when the government is announcing the amnesty scheme for this purpose. 

T Kalaiselvan
Advocate, Vellore
87546 Answers
2349 Consultations

Dear sir/ma'am,

if you have the documents of the HIBA, you can use that to get the flat registered.

if you have not yet entered into a sale deed, it is advisable to do it as soon as possible and get it registered. you can also make an affidavit where you can state the delay in making the sale deed. you should get both the documents duly signed by the builder and two witnesses.

since, the time period of registration is over, you also require to make a fresh allotment deed.

Anik Miu
Advocate, Bangalore
10326 Answers
121 Consultations

Supplementary sharing agreement between landowners and builder should have been registered 

Ajay Sethi
Advocate, Mumbai
97340 Answers
7865 Consultations

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