Sale Agreement Registration Fees

The Supreme Court also reaffirmed the importance of the contract of sale between the owner and the purchaser, since it recently decided that the period of awarding a dwelling unit to a home buyer should be taken into account from the date of the construction-buyer agreement and not from the date of registration of the project under the Real Estate (Regulation and Development) Act 2016. The court also ordered the rera authorities to order the payment of compensation by the contractor, in accordance with the sales contract whose unsealability was upheld by this decision. The only setback of registering real estate at the Guidance Value/Circle Rate to save stamp duty is, that some home service providers such as SBI provide only the home sale value of up to 80% of the sale value and not the sale value, z.B. if the buyer uses an SBI home loan, SBI will provide a maximum of 53.6 Lakes, or 80% of 67 Lakes (without stamp tax – registration fee). Whereas in the case of other lenders such as HDFC, the loans are 80% of the value of the sales contract, i.e. 80% of 1 Cr 80 Lakes as real estate credit. This absolute rule is subject to the exception of Section 53A of the Transfer of Ownership Act. Section 53A provides that the seller has no right to disturb the purchaser`s possession if the purchaser has entered into possession of the property that is the subject of the transfer, while fully acquiring its portion of the contractual obligation. It should be noted that Section 53A provides the proposed purchaser with a shield against the seller and prevents the seller from disrupting the purchaser`s property, but it does not cured the buyer`s property.

The property`s ownership remains in the hands of the seller. The Supreme Court of India in 2012, in the case of Suraj Lamp – Industries (P) Ltd (2) v. Haryana State, while processing the validity of the sale of real estate made by proxy, held as under: In order to save stamp duty, you decided to pay stamp duty and registration fee – guidance value or Circle Rate then you will register the property 67 Lakes (65 Lakes as Circle Rate 2 Car). It is mandatory to include parking fees in the district rate or the value of the guidance to reach the final registration value. Therefore, the stamp duty payable is 4.02 Lake and the registration fee of 0.67 Lakes.