Stamp duty refund
Rohit Gadsing
(Querist) 24 May 2014
This query is : Resolved
Document(Sale Deed) is presented for registration but document is pending for seller's photograph & signature.Therefore document did not get registered, it's in the process of registration.
Stamp duty challans are defaced by SRO
In such case can refund of stamp duty be claimed in Maharashtra???
ROHIT SHARMA
(Expert) 24 May 2014
Dear Mr. Rohit Gadsing,
1. The document lacks the seller's photo and signature. It means that it is not a legal document at all.
2. When the stamp duty challans were paid by the buyer the same may have been defaced such that they could be used foe second time.
3. Now that the reregistration is not done and the seller has deceived you by not putting his photo and his signature on the document and he must be also refusing to do so.
4. If you have paid such seller and he has not turned up for proper execution of the sale deed then in that case you can consider to file an appropriate police complaint against him of cheating punishable u/s 420 of I.P.C. for having cheated you and dishonestly inducing you to part with your money.
5. i suppose so that if such stamp duty challans are not put to use within certain limited period then you can get the refund. You can inquire about this fact in=at the sub-registrar's office itself.
5. I think you will need to file a civil suit for specific performance against such seller and if he fails to perform his part then you can pray to the court to determine the illegality of such sale deed document and seek the refund of the stamp appear amount from the seller.
6. You will also get many more worthwhile replies from other man learned advocates.
Sankaranarayanan
(Expert) 24 May 2014
No more details you need , i do agree with expert Sri Rohit sharma
Dr J C Vashista
(Expert) 25 May 2014
Stamp Duty is a State subject, however, if the document is not registered apply to the area SDM for refund, it is permissible.Otherwise, I agree with Mr. Rohit Sharma in principle, well advised, proceed, engage a local lawyer.
Rajendra K Goyal
(Expert) 25 May 2014
Agree with the experts.
Repeated query:
http://www.lawyersclubindia.com/experts/Stamp-duty-refund-474156.asp#.U4FoIShKqRQ
Surrender K Singal
(Expert) 25 May 2014
Why should query be repeated ? That simply delays required action by Author;
T. Kalaiselvan, Advocate
(Expert) 26 May 2014
Though query is repeated, a good and appreciable opinion and advise by expert Mr. Rohit Sharma, which I endorse.
