I have purchased one flat in Mumbai, which was sold under SARAFAESI Act, 2002 by one of the Nationalised Bank.
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I was not the direct bidder in the Auction process. The person who had won the auction has nominated me as a Transferee. Bank has also issued directly to me a "Sale Certificate" Under Section 13 of the SARAFAESI Act, 2002, Which is duly registered and paid stamp duty.
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If we talk in a proper way, the first agreement should have happened between the bidder and Bank and than second agreement should have been between me & that bidder.
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But agreement between the bank and that bidder never happened. Is it liable to pay stamp duty although on that?
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Does it becomes the case of invasion of stamp duty ? if yes than under the law who is the invader of the stamp duty. Will I be the defaulter for non payment of stamp duty ?
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For the purpose of my safety should I pay double stamp duty to avoid any future problem that may arise to me?
Kindly help me, Thanks in advance
