Payment of stamp duty regarding
kannan
(Querist) 08 July 2016
This query is : Resolved
Agreement to sale is between builder and PartyA, with clause that sale deed will be executed by PartyA or his Nominee (NAME OF NOMINEE NOT MENTIONED), and full stamp duty paid, and registered. But subsequent TRIPARTITE sale deed, between Builder (Vendor), PartyA (Consentor), and PartyB (Purchaser), with Purchaser as Nominee of Consentor, with NO STAMP DUTY, is duly registered. Sale deed mentions Consentor dropped idea of purchase and transfers property to Purchaser, and mentions earlier stamp duty of agreement to sale. No fresh stamp duty is paid on Tripartite sale deed. Is this considered “Evasion of Stamp Duty”, and liable to prosecution??
I am the prospective buyer of the property from the Purchaser, who is now selling it to me
rajeev sharma
(Expert) 08 July 2016
it does not amount to evasion of stamp duty as the stamp duty has already been paid in full at the time of agreement .
R.K Nanda
(Expert) 08 July 2016
Consult local lawyer.
