GST on ready to move resale flat without flat completion certificates (CC/OC)

Idea Treasury coder and more (1 Points)

15 November 2021  

I am planning to buy ready to move resale flat. This building and said flat has not received completion certificate. Partial completion certificate is received for some flats and those flat owners received possession from builder. Society is also formed by those flat owners.
First owner has not received the possession letter from builder.

This building is joint venture between first owner (landowner) and builder.
First owner (Landowner) has got more than 10 flats in this building, and he has individual sale Agreement for all his flats. Now he wants to sale his flats as individual owner.
Individual flat 'Agreement of Sale' is there between builder and first owner in 2016. First owner has paid stamp duty and registration charges for sale agreement. During that period GST was not there. VAT is paid first owner and entire consideration is paid by first owner to builder.

My question is - As this flat (which I am buying) has not received completion certificate and possession letter is not there with first owner (landowner) do I need to pay GST?
in first sale agreement total flat cost is 65 Lakh (entire consideration is paid to builder) and I am buying it for 90 Lakh. I will be paying amount to first owner and not the builder.

Do I need to pay GST on additional cost of 25 Lakh?
If yes to whom I have pay GST?