Onto What Area of the Flat is the Stamp Duty Payable
Legal Fighter
(Querist) 16 September 2009
This query is : Resolved
Onto What Area of the Flat in Group Housing Society is the Stamp Duty Payable? Is it the Carpet Area, Build-up Area, Super Build-up Area or the undivided share in land? Please let me know with propet justification.riven
A V Vishal
(Expert) 17 September 2009
The term `Carpet Area' refers to the total usable area within the four walls of an apartment or a commercial space, as the case may be. In other words, it refers to the area for which a carpet can be laid if required by the owners.
The term `Plinth Area' refers to the entire carpet area along with the thickness of the external walls of the apartment. It obviously includes the thickness of the internal walls and the columns, if any, lying within the four walls of an apartment. The commercial space is not taken into account in calculating the plinth area.
The term `Super Built-up Area' refers to the plinth area of an apartment or a commercial unit as added by the balconies and other common areas like corridors, staircase, lift room, motor room, security room, meeting hall, gymnasium and an area reserved for indoor games.
Generally, the area that is sold to a prospective purchaser, be it a residential apartment building or a commercial building, is the super built-up area.
The prospective purchaser not only purchases the plinth area along with the balconies but also purchases a proportionate share in all the common areas as mentioned above.
While selling a residential apartment or a commercial space, the super built- up area is always sold along with the proportionate undivided share, right, title and interest in the land on which the residential apartment building or commercial building has been constructed.
The undivided share of land pertaining to a residential apartment or a commercial space is generally arrived at by the formula i.e., the super built-up area of the apartment/ commercial space as divided by the total super built-up area in the building which in turn is multiplied by the total land area.
The stamp duty shall be payable on the Super built up area.riven
Raj Kumar Makkad
(Expert) 18 September 2009
Gud reply by Sh. A. Vishal ji. Stamp duty as leviable by particular State Govt. is to be charged on super built up area.riven
