Refund of the stamp duty
hetalsangoi
(Querist) 16 December 2012
This query is : Resolved
My FAMILY has entered into agreement with the builder under redevelopment project. My FAMILY has paid stamp Duty on 19th January 2012 and got the registered document at the subregistar office at Mumbai. But now due to an genuine reason between this two parties of agreement want to be cancelled the registered document of flat. Now they are going to prepare new agreement. Following are the changes between two documents.
A) Doc already registered with ____floor no. 11 , Area-350 sq ft.
B) Now my FAMILY have booked the new flat in the same premise with the same builder with floor_7 & with Area 500 sq.ft.
My FAMILY wants the refund at the stamp duty as already paid on registered doc as on 19th January 2012. As it is now more deal with the floor no. 11 having area 350 sq.ft. with the same builder. Now this two parties intend to go for new agreement will be executed with the same builder for the purchase at flat in the same premises but with different floor and area.
How to cancel the earlier registered document as on 19th Jan 2012? How to get the refund amount of paid stamp duty and what document is required to provide to register.
Can this stamp duty is adjustable against the new registration of document?
WE have approached the builder & same fact is narrated. In response he said that stamp duty can be refunded if the flat is located on the same floor.
As the florr are different is your case, stamp duty provision relating to refund is not applicable.
Please guide me wheather we are eligible for refund of the stamp duty or not?
Raj Kumar Makkad
(Expert) 16 December 2012
The opinion of the builder is well within law. There is no provision to refund the stamp duty of a registered document by State authorities.
