Legal Question in Real Estate Law in India

Loss of agrretment pappers
My father has purchased flat directly from bulider 40 years a go, and it was on his and my mother's name. The share certificate and sinking fund certificate is on my father and monther's name. After my father's death the flat has been transfer on my mohter's name legally and officially.

Since now we have to pay stamp duty, when I checked all pappers I found that agreement pappers are not available and only orginal share certificate is available.

Please advise me now inc ase of loss of agreement pappers how what procedure we have to make to pay the stamp duty and and which type of legal pappers we have to create so my mother can sell the flat in future if she want too. We checked in Society office and there also it is not available and I do not think so it has been registerd with the registrar so please advise which type of legal pappers we can prepare so my mother can sell the flat and we can pay the stamp duty.

Asked on 8/24/08, 10:01 pm

3 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

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Re: Loss of agrretment pappers

In case title/conveyance of land and building already transferred in favour of the Society, then you or your mother are not required to pay any stamp duty or registration charges.

In view of such a old/long membership, you may be able to sell the flat with share certificate and a certificate from the society that by virtue of membership flat was allotted and held by your father & mother jointly from a particular year and thereafter your mother became member and holder of flat by succession on demise of your father.

Answered on 8/26/08, 1:42 am