Ans. Stamp Duty is a tax similar to the sales tax or income tax and has to be paid in full amount and on time. Buyer has the sole liability of paying the stamp duty unless there is an agreement to the contrary.
Ans. Market Value of a property is the price at which it could be bought in open market as on the date of valuation. Stamp Duty is payable on the agreement value of property or its market value, whichever is higher.
Ans. Sub-Registrar of the area, in whose jurisdiction the property is located; is the most suitable authority for knowing market value of a property.
Ans.
If you are buying a flat from a builder in an under construction building, you should check out the following points:
- Approved plan of the building along with number of floors, just to make sure that the floor on which you are buying flat is authority approved.
- Whether the land on which the builder is constructing the building is his own or he has undertaken an agreement with a landlord.
- Whether the land on which the builder is constructing the building is his own or he has undertaken an agreement with a landlord.
- If he has undertaken an agreement with a landlord, check the title of the land ownership with help of an advocate.
- The building bylaws as applicable in that area.
- Examine the deeds to establish the ownership of property by seller, preferably through an advocate. - Ensure that the builder is constructing the building without any violation of front setback, side setbacks, height, etc.
- Check if the specifications given in agreement to sell or the sale brochure match - on the ground facts or not?
Ans. Transfer of a property is concluded when you have a sale deed / agreement for sale with actual possession. Generally, in all cases the entire amount is paid simultaneously with the handing over of physical possession and signing of the transfer documents.
Ans. The property agreement should be registered with the Sub-Registrar of Assurances, under the provisions of Indian Registration Act within 4 months of the date of its execution.