Legal Question in Real Estate Law in India

apartment ownership registration ;act1970

there are 10 plots in registered coop socty.(plot owner's). on plot no.9 the land-lady constructed a bldg.(12apartments) on Devpment Agrmnt. alongwith POA.(notarised) she got 1200 Sq. ft. block &Rs.1.5 L as consideration(she has only possession receipt no agmnt). the remaining 10 alloties have duly stamped ®istered sale deed. the registration is long pending for 1)whether the land-lady is bound to pay stamp duty since she has 1200 Sq ft. as Consideration also she does't have Agrmnt. to pay s.duty ®ster it. 2)because all12 alloties do not have registered agrmnt. we are unable to register our Apartments under ''maharashtra apartment ownership act 1970'' -we are told. Q. what is the legally correct &bindding in both above-mentioned point1;2.? kindly guide so that we can proceed accordingly&if needed can Avail -off the amnesty scheme presently on in Maharashtra. possession yr 1993.


Asked on 3/19/09, 7:32 am

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: apartment ownership registration ;act1970

1. No stamp duty on flat retained by land owner, if it is apartment. There is a pointed authority of Bombay High Court on this point.

2. Under MAO, individual apartments are registered after registration of a Declaration by land owner and builder. The Declaration attract stamp duty of Rs.100/- only.

Read more
Answered on 3/21/09, 2:19 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: apartment ownership registration ;act1970

Since she is the owner of the land, she may not have to seek any separate registration of her flat;

You may contact a local lawyer for appropriate guidance.

Read more
Answered on 3/19/09, 7:44 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in India