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Documents to be verified before purchase of a Property
Before you purchase a Property, you have to have a title and document search conducted by a competent advocate. You cannot do it yourself. You have to use the services of competent advocate. It is a professional job to be done with professional assistance.
What is Stamp Duty
Stamp Duty is a tax, similar to sales tax and income tax collected by the government, and must be paid in full and on time. A stamp duty paid instrument/ document is considered a proper and legal instrument/ document.
Liability to pay the Stamp Duty – whether on the buyer
The liability of paying stamp duty is that of the buyer unless there is an agreement to the contrary.
Is Stamp Duty payable on the market value of the property or on consideration as stated in the agreement
The Stamp Duty is payable on the agreement value of the property or the market value, whichever is higher.
Instruments attracting payment of Stamp Duty
The instruments like Agreement to Sell, Conveyance Deed, Exchange of property. Gift Deed, Partition Deed, Power of Attorney, Settlement Deed and Transfer of lease attracts payment of Stamp Duty.
Period within which an agreement/deed have to be registered
The property agreement should be registered with the Sub-registrar under whose jurisdiction the property falls, as per the provisions of the Indian Registration Act, within four months of the date of its execution.
What constitutes completion of the sale
The transfer of a flat is concluded when you have sale deed/agreement for sale coupled with actual possession which should be followed by registration of flat for concluding a valid sale. The entire amount is paid simultaneously with the handing over of physical possession and signing of the transfer documents.