After cancellation deed of flat want to get stamp duty refund

Yogesh Badhe (Querist) 13 December 2011 This query is : Resolved
Hi,

I was purchasing a flat and registered that flat on 12/08/2011, but the seller does not have his original documents (which he informed me after registration) hence I have gone through cancellation deed.
Now I would like to get my stamp duty refund.
Could anyone provide me procedure for Stamp duty refund application and related?

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Sankaranarayanan (Expert) 13 December 2011
It is only way you file a suit against the builder for cheating. Because if any one paid stamp duty then they are the owner of the property.
As per the query you had trust on builder, while purchase the property the trust is not help you before law. Without proper evidence and document verification how you accepted for paying stamp duty.

R.Ramachandran (Expert) 13 December 2011
Only when the Stamp paper has not been put to use (i.e. not used in any manner or anything written on it) there is provision for refund of the stamp duty.
But in your case, the stamp papers seem to have been utilised and even got registered. It is only after such usage that you want to get the money back. REFUND in such situation IS NOT AVAILABLE.

Shailesh Kumar Shah (Expert) 13 December 2011
It seems that you have used stamp paper, so you can't claim refund.

ajay sethi (Expert) 13 December 2011
agree with experts

Advocate. Arunagiri (Expert) 13 December 2011
You have registered the document by paying the stamp duty. So you can not get back from the government.

The original documents will be available with any of the flat owner. It is not possible to provide the original to every flat buyers.

You could have approached a lawyer before canceling the purchase.

Raj Kumar Makkad (Expert) 13 December 2011
The common reply of all experts is that you cannot get refund of stamp duty amount but the seller should be penalized and should be force to bear all losses incurred to you so file a civil suit including the releif of damages therein.

prabhakar singh (Expert) 14 December 2011
Expert : raj kumar makkad has given a right guidance.

vasant kulkarni (Expert) 14 December 2011
FORGET ABOUT REFUND FROM GOVT. YOU CATCH THE SELLER FOR THE REMEDY.

Guest (Expert) 14 December 2011
Stamp Papers being accountable property bearing certain value and once used after sale cannot be used in any way by any one or resold by the Government. The value is deemed to have been consumed by the buyer of the stamp papers even on writing a single word on that. Since the defective title of the seller caused waste of the vlue and misuse of the stamp duty, your claim lies only on the seller.

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