Q&A
 

“Seminar on Conveyance of Land /Plot & Stamp Duty Registration” held on 6th of July, 2008 at Vashi

AKB001

Name of the Participant

Mr. V N Chaudhary

Address Nerul (E) Navi Mumbai – 706

A flat owner sells a flat; the buyer enters into an agreement and gets it registered Before making full payment he occupied the flat. Is a CONVEYANCE DEED needed thereafter?

Not necessary, but if  bank asks for proof of  transaction completion, then another deed may be necessary, however it will not attract any Stamp Duty.

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AKB002

Name of the Participant

Dr. A Sequeira

Address Vashi,  Navi Mumbai

Our CHS has leased the CIDCO plot in 1980-81 and registered it in 1980-81.  Is there a need now to REGISTER it again? If so, what is the procedure and cost? What about Conveyance?

Not required. If your Lease deed is stamp duty paid and registered.

Having Registered the Land-lease, what about the building and flats built on lease lands. Is it necessary to have them registered?

Yes. Individual Flats sold and purchased after Conveyance need to be stamped and registered

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AKB003

Name of the Participant

R V PAI

Address Vashi,  Navi Mumbai
What are the documents needed to be submitted for the conveyance of the society? When to submit and what are the charges?
See List of Documents. The Joint Sub – Registrar will arrive on charges after going through your subissions and guide you on procedures depending on the case.
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AKB004

Name of the Participant

J K Singh

Address Vashi,  Navi Mumbai

Tender plot purchased by builder. He sells it to the people and makes a society duly registered in 2000. However land conveyance is not yet in the name of the society name.

How to get this done when the builder is not co-operating? Whether any charge is there? If yes who is to be paid?

MOFA has been recently amended  and now Conveyance can be done without builder with the help of concerned Deputy District Registrar (DDR). Subsequently the Conveyance may be stamped & registered.

From 2000 onwards some flats have changed hands and duly registered with registrar with stamp duty paid. Whether these new occupants need to be registered with CIDCO? If so how? And Whether CIDCO will charge some money?

As per new BYELAWS New occupants need to obtain NOC from CIDCO by paying due charges.

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AKB005

Name of the Participant

Mrs. Prema Banerjee

Address Vashi,  Navi Mumbai
Can the Chairman or Secretary of the Society apply Conveyance and stamp duty for all the members of the society?
Chairman/Secretary can do the Conveyance/Lease Deed by getting it approved in         AGM. However Individual Flats have to approach separately for Sale deeds.

What happens to the members who has purchased as they have already registered? What do we do?

No Action. Any & all stamp duty paid by individual flat owners will be eligible for set off while arriving at Stamp Duty on Conveyance of Society.

As it is pretty long time if some members have lost their original documents. Can we issue duplicate certificates and process the certificate?

Yes, Duplicate Share Certificates may be issued strictly as per procedures laid down in Bye Laws.

What are all documents required for conveyance and stamp duty?
Kindly refer -  List of Documents

After 60yrs what?

As per Lease Deed, after 60 years, one will have to vacate the land and handover to CIDCO as it were. Proposal for converting from Lease Hold to Free Hold is in progress if not, the lease is expected to be extended under certain considerations.
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AKB006

Name of the Participant

Dr. Parkar

Address Vashi,  Navi Mumbai
What is the difference between conveyance deed and sale deed?

Conveyance Deed or Lease Deed pertains to Society and Sale Deed pertains to individual flats.

Can we register the documents with provisional NOC from Builder?
Yes
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AKB007

Name of the Participant

Mr. K K Narayanan

Address Vashi,  Navi Mumbai

If the flat is purchased from a builder, how long the builder can delay the conveyance of land?

Max. 4 months for registration of Society and subsequent 4 months for Conveyance

Can the society be registered without conveyance of land and without the consent of the builder?

YES
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AKB008

Name of the Participant

Mr. K K Narayanan

Address Vashi,  Navi Mumbai
Society registered in 1981 and possession in1984. We would like to know the procedure for Registration by individuals/ societies. It may be elaborated.
Kindly refer - List of Documents. For Individuals on basis of Allotment Letters/Share Certificates and for Societies on basis of Lease Deed.
Also the stamp duty will it be applicable or not in our case?
Yes
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AKB009

Name of the Participant

Mr. Nathan

Address Vashi,  Navi Mumbai
I have a flat duly registered and stamp duty paid etc. at the society. I want to sell it. Do I have to pay any CIDCO transfer Charges at the time of selling?
YES
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AKB010

Name of the Participant

Mr. N Gopala

Address Vashi,  Navi Mumbai
In the case of plat purchased society where land lease deed is registered in 1980 and individual members are issued share certificate and allotment letters by the society which document is recommended to be registered by individual members?

Both Allotment letters and Share Certificate required

Where the builder has collected the stamp duty and the agreement is registered after the stamp duty is paid . how to verify if the stamp duty paid is adequate?

Details available in the Deed itself or refer to Sub-Registrar’s office.

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AKB011

Name of the Participant

Mr. S M Parker

Address Vashi,  Navi Mumbai

What are the documents required for individual registration? I have the share certificate.

Allotment letter & Share Certificate or Sale Deed whatever the case maybe

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AKB012

Name of the Participant

Mr. Pravin K Rao

Address Satsangh CHS, Navi Mumbai

Lease deed of land with CIDCO to be registered or not.If it is to be registered. Kindly give us the information on what are the documents required for registration.

Yes. Please refer - List of Documents

Individual flat owner sale deed (second Sale) which as already registered/stamp duty paid.  Are they required to do registration or not.

NO

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GSG01

Name of the Participant

Mr. V N Chaudhary

Address Nerul (E) Navi Mumbai

I have paid  STAMP DUTY after registration of the agreement with the builder. The High Court cancelled the Allotment of the land to the builder. The agreement was cancelled. I got the money back from the builder. I have applied for refund of the stamp duty. I have got the receipt  from Stamp duty Controllers Office. But after 2 years, no response.
What do I Do to get my Stamp Duty refunded?

If possession not given then you is eligible for refund.If while applying for refund, reference of HIGH COURT order if given then you are not entitled for refund.

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GSG02

Name of the Participant

Mr. M. B. Rao

Address

Vashi,  Navi Mumbai

Documents submitted for registration in 1987. Can we get it back now?

Yes. Contact the Office you submitted for Registration with the Receipt.

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GSG03

Name of the Participant

Dr. S H Patil

Address

Vashi,  Navi Mumbai

Our society was registered in 1980 and society obtained land in 1979-80. Our society conveyance deed from CIDCO is misplaced. How does the society obtain the said deed copy and from whom?

Approach CIDCO giving details incase deed is not registered.  If Deed is registered contact the Stamp office / sub-registrar’s office for a true copy of the   Deed

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GSG04

Name of the Participant

Mr. B R Mhatre

Address

Vashi,  Navi Mumbai

Agreement to lease was executed between CIDCO and builder in the year 1981 and the society was formed and registered but Lease Deed (Conveyance) has not been executed. The society wants to execute the lease deed now, then what is the stamp duty Rate applicable (present rate or that of the year 1981)?

Whether Deed between CIDCO & Builder is stamped & registered. If deed to be executed between builder & society, details of every flat owner as per format given (showing date of agreement, stamp duty paid, registrations fees paid, etc) need to be provided. If the documents are exempted and registration is done, then No Stamp duty needs to be paid and deed will be exempted from duty.

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GSG05

Name of the Participant

Mr. G L VERMA

Address

Vashi,  Navi Mumbai

Society registered in 1980. Purchased plot in Sec 9A vashi and made flats in 1983.

What is required to be done for registration of flats/society?

Please refer to the List of Documents

If society has made lease agreement with CIDCO, Is it necessary to register each flat by the individual?

If Society Plot, then not required for Individuals.

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GSG06

Name of the Participant

Mr. Ananda Padmanabha

Address

Vashi,  Navi Mumbai

The flat (Flat area 550 sqm) was purchased on 18th April 1985. The Agreement to Sale is not registered. Also no stamp duty is paid. Is there a requirement to pay stamp duty.

Exemption to  stamping to be obtained from Collector of Stamps – Thane and   subsequently registration to be done at Sub-registrar’s office.

The flat was purchased in 26th Nov.1985. No stamp duty was paid. Agreement to sell Registered. Is there any requirement to pay stamp duty? Flat area 400 sqm.

No. check with office where the registration was done and collect the originals to ascertain

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GSG07

Name of the Participant

Mr. T. N. Ganapathy

Address

Vashi,  Navi Mumbai

We are apartment owners of CIDCO constructed buildings and registered with CIDCO. Whether we are required to comply with any other requirements?

Check whether documents are Stamp duty paid and registered.

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GSG08

Name of the Participant

Mr. Pravin K Rao

Address

Friends CHS, Kharghar, Navi Mumbai

In Kharghar  a CHS made a lease deed with CIDCO. This document shall be registered or not. What documents are required for registration?

Yes subject to procedures. Kindly refer to – List of Documents for registration.

As the original member of the CHS allotted a flat. Does the flat document required to be registered or not. If so give the name of the document required for registration?

Yes. Society allotment letter & share certificate.

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GSG09

Name of the Participant

Mr. G. D. Sharma

Address

Navi Mumbai

Purchased flat in July 1985 and registered in Oct 1985. Cost of flat  Rs. 2,37,615/- Area 1085 Sq. Ft as per registered agreement. Orginal submitted. Whether I should pay Stamp Duty and How much? What are the documents are required?

Contact Sub-registrar’s office with details and all documents pertains to the above said flat.

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GSG10
Name of the Participant

Mr. Rajesh V Pai

Address

Vashi, Navi Mumbai

I had purchased a flat in a registered society in 2001. I had paid the stamp duty as per that date and the agreement to sale was registered. What is the procedure to know whether I had paid the right stamp duty or not and it can be covered under the Amnesty Scheme.

If document is registered no stamp duty is to be paid. Whether you have the original document in your possession or contact the office where you have done the registration and collect the same to ascertain duty is adequate.

The property conveyance will be done as a society or individual? Suppose 2 to 3 transfer has taken place who has to pay the transfer amount and how much? Whether it can be paid and conveyance can be done before Sep. 2008?

Property conveyance will be done as society. The present owner needs to pay all dues, tranfer charges, etc. yes it can be done now.

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GSG11

Name of the Participant

Mr. Suresh Ameria

Address

Vashi, Navi Mumbai

Members had purchased flats from the builder. All members have paid Registration and stamp duty charges and later on formed CHS. Now let us know what the procedure is for conveyance of land.

Builder’s lease deed with CIDCO registered and stamped. And subsequent lease between society and builder and other relevant documents such as agreement to lease, transfer to society, etc.

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GSG12

Name of the Participant

Mr. G K Bose

Address

Vashi, Navi Mumbai

In case of Stamp Duty/Reg. How is value calculated for gifted property?

If gifted to Blood relation the 2 % of value else as per rules.

Is it necessary to produce payment , bankers particulars.

Not required as it is gifted

One sided deed confirmation can it be signed by power of attorney holder.

Yes.
 
 
Disclaimer: The above information is the basic guideline/requirement compiled to the best of knowledge of Voice of People Foundation, Navi Mumbai and is subject to verification of Original Documents and related papers by the respective Stamp offices and may vary from case to case. All details may be obtained by visiting the Collector of Stamps of your area.

 

 
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