Legal Question in Real Estate Law in India

Property Jigsaw

Hello Sir,

My Grandmother purchased a Flat in Pune in May 1992.

The flat is a part of Condominium.

During that time we had made an agreement with the owner on a Re 10/-Stamp paper which mentioned the completion certificate number and a statement which says covered parking space. The carpet area of the house is 767 sq .feet.

The owner has received the entire amount from us which was decided on the agreement.

We have checked the agreement between the builder and the owner and it does mention the Covered parking space as a statement.

The owner kept on saying that the Consent letter can be obtained from the builder easily, and now after a chase of over 17 years we still find that the Consent letter from the builder is still not with us.

Is it really required on our part?

We want our property to get registered by paying the stamp duty and get the index 2.

Also My grandmother wishes to give the flat to me.Do I have to pay tax?If yes, how much.What all documents would be required so that the flat gets registered and eventually on my name.

If the said Flat is to be transferred on my father's name, will he have to pay tax?Since he is receiving it from his mother.How can we save money & the propety registered?


Asked on 7/20/09, 3:49 pm

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Property Jigsaw

You may want to engage a lawyer who may be well versed with the local laws of your area; and who may guide you better after examining your documents.

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Answered on 7/20/09, 10:15 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Property Jigsaw

Registration is not possible now. You can pay stamp duty with penalty.

Check the Deed of Declaration to find out whether parking is allotted for the flat. If it is not there, then your flat would be without exclusive parking.

For Gift, you need to pay stamp duty and registration charges. There may not be any income tax related issues in view of gift between grand mother and grand son or daughter.

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Answered on 7/21/09, 4:37 am


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