Legal Question in Real Estate Law in India

X and Y are in blood relation. They invest jointly in "under construction flat" of a builder project. 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

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

Now a days � No Stamp Duty is required� for transfer of property to relatives in Haryana and the same should go with blood relation transfer before the registry as well but 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 4/12/16, 6:56 am

1 Answer from Attorneys
Santosh Goswami,Advocate sure shot legal

Even if you set aside the said notification, no charge is incurred for first transfer as per industry norm and is usually followed in real estate business. Therefore, the demand of the developer is not legally not tenable. Rest, you an show me the notification so that I could guide u further.

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Answered on 4/12/16, 8:28 pm


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