Haryana financial commissioner Sanjeev Kaushal has issued additional guidelines for registration of different floors as separate dwelling units in case of residential plots developed by the Haryana Urban Development Authority (HUDA) so that leakage can be avoided in stamp and registration duties.
In this regard, Kaushal has issued a letter to all the deputy commissioners, tehsildar-cum-deputy registrars and all naib tehsildar-cum-deputy/joint-registrars in the state.
He stated that in case of residential plots developed by HUDA, different floors have been allowed as separate dwelling units but it has been observed that the various instructions issued in this case are not being followed strictly. Therefore, additional guidelines have been issued.
Permission to move and register the entire floor horizontally
There shall be no vertical transfer of any floor. For example, a single floor cannot be registered by the registering officers in the name of two or more separate persons by dividing the same.
Hence, only horizontal complete floor is allowed to be transferred and registered under the Registration Act, 1908 (Central Act 16 of 1908).
There shall be no fragmentation of the plot vertically and all independent floor owners shall jointly own the full plot of land having independent floors. The apportionment of land cost for the purpose of stamp duty and registration fees shall be in equal proportion amongst all independent floors.
It is further clarified that the same shall be 50% each for two floors, 33.33% each for three floors and 25% each for four floors, as per the collector rates fixed from time to time in the respective districts.
Prior permission of HUDA mandatory
Prior permission of HUDA shall be mandatory before registration of a specific floor of a plot whether vacant or built up.
If a constructed floor is transferred, apportioned cost of plot as well as cost of construction of that floor as per the collector rate shall be combined for the purpose of levy of stamp duty and registration fees.
For the registration of such independent floors, in addition to the normal Stamp duty, 1 percent extra Stamp Duty will be paid by the applicant desirous of registering the floor wise dwelling units.
He said that the concerned officers have been directed to enforce the above instructions in letter and spirit. Any violation of the same will be viewed seriously.