Legal Question in Real Estate Law in India

I am reposting my query: X and Y are in blood relation. They bought jointly "under construction flat" of a builder project in "Resale". One of the Co-owners X dies. No registry has been done yet as the names of X and Y as Co-owners are on the BBA papers only. The first transfer has already exhausted as it is bought in resale.

Now Y wants to transfer this whole flat to make Z as sole owner who is also in blood relation.

Builder has clearly written in BBA that 25% of standard processing charges for every substitution. It is pertinent to note that this agreement was made in June 2012 before the circular of stamp duty exemption in blood relations out on the 16th June, 2014 No. 8.0. 62/C.A. 211899/8. 9/2014 from Haryana government

How can blood relation transfer possible without paying the transfer fees to builder before registry?

Please clarify


Asked on 4/13/16, 2:17 am

1 Answer from Attorneys

Santosh Goswami,Advocate sure shot legal

IF YOU GO BY THE AGREEMENT, YOU LIABLE TO PAY AND HAVE TO PAY AT THE TIME OF TRANSFER ITSELF.

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Answered on 4/14/16, 4:29 am


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