LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Contrarian Contrarian   08 April 2025

How stamp duty on 2006 allotment letter calculated

Registered Co- Op. Housing Society in Maharashtra has “Allotment Letter” in 2006 and share cert. I Have Purchased Residential Flat, for which I have only “ALLOTMENT LETTER” from Registered Housing Society, and Share Certificate of Co-Op. Housing Society, in Maharashtra State. // I Do not have Registered Sale Deed. Or Registered “ Agreement to Sale” or any other document. // But, the property is in my possession, Since beginning . Now, I wish to pay Stamp Duty on the basis of Allotment Letter to the Govt. of Maharashtra. Also I have following documents of the same. : // 1) “ NO DUES CERTIFICATE” From Maharashtra State Housing Finance Corporation , who had given loan for purchase of this flat through our Housing Society. 2) Property Tax Yearly Paid receipts (from Municipal Corporation.) All the Taxes paid by me. //3) Evidence of Maintenance Charges paid to housing Society _through Bank_( Against this society has not issued any legal. 4 elec bill. How stamp duty calculated ifi want to pay today April 2025



 12 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     08 April 2025

The seller shall execute a sale deed in your favour.  The stamp duty varies from one state to another state and hence consult in local Sub Registrar office.  

T. Kalaiselvan, Advocate (Advocate)     08 April 2025

The allotment letter issued by cooperative housing society is not a title document.

They should execute a registered sale deed in your name.

You approach the society and submit an application to execute the registered sale deed and be ready to pay the stamp duty as applicable. If the society is not responding properly then you can approach civil court with a suit for specific relief to direct the society to execute the registered sale deed in your favour failing which request the court execute the sale deed on behalf of the society.

The tax receipts or utility bills are also not title document.

Dr. J C Vashista (Advocate )     09 April 2025

 

Payment of society maintenance, property tax or other levies do not entitle you to get the the property in-possession in your name. 

Society is not the original owner of the property. 

You have not acquired title (ownership) of the subject property to get it registered and make payment of Stamp duty as applicable in Maharashtra (which differs from a state to another). 

P. Venu (Advocate)     09 April 2025

Admittedly, someone else had transferred the property to you. Irf so, the Society has issued the Allotment Letter to you, and not to the seller, the original occupant?

Contrarian Contrarian   12 April 2025

Sir there is no sale ..75 society members form society and register... jointly all 75 buy land... jointly build 75  flats and appoint mgmt committee who are part of the 75 who issue allotment letter share cert to all 75. ..sale does not arise. Now -register says stamp duty to paid on allotletter. Query is  How stampduty is  calculated . Is there a formula methodology listed in some legislation or rule ..one person says today 2025 municipal reckoner  valuation will be taken and 7% on that..another person says 2006 reckoner valuation will be taken and 3.3% stampduty plus 400% penalty...Who is right

P. Venu (Advocate)     12 April 2025

A person or group of person constructing a structure/building in the land under their possession and occupation, to my knowldledge and understanding, does not amount to conveyance of property. As such there is no question of any registration or payment of stamp duty.

Contrarian Contrarian   12 April 2025

Society's experienced Lawyer and few independent legal wxperts all have confirmed there is no sale. Society self development concept. Eh. Famous bldg Shobha society At pestomsagar. The land was bought by group of  air India retired employees who asked one contractor  to build and who pooled all their retirement savings a d built 60 flats and allotted to themselves 60 mvers 60 flats. No sale only allotments letter and share cert. They pay prop tax gas ele  etc.  Now before conveyance of socy.land registrar says pay stamp duty on allotment letter.question remains how stamp duty on allotment letter computed. What is calculation of stamp duty methodology 

T. Kalaiselvan, Advocate (Advocate)     12 April 2025

You can get the ready reckoner's help to compute the stamp duty payable or can enquire from the registrar office itself about this

P. Venu (Advocate)     13 April 2025

When, as per the legal opinion, there is no requirement of registration and payment of stamp duty, why you bent upon doing those things and putting yourself in trouble. Has ny competent authority issued direction carryout the registration and remit stamp duty?

Contrarian Contrarian   14 April 2025

Sir socy Lawyer legal experts say no sale exists but stamp duty must so govt earns. Nitmslky stampduty paid on deed but since no deed the allotment letter is ownership document so stamp compulsory...egistrar Lawyer all say ask collector...in collector office different officials have differing views one says today's reckoner value is basis if stampduty..another says 7% on value mentioned in allot letter..another says 3.5% on value plus 400% penalty from 2006....these officials clerks just push me around...hence query which book or rule or written govt official document lays down rate and procedure...

Dr. J C Vashista (Advocate )     14 April 2025

The facts posted lack clarity.

P. Venu (Advocate)     14 April 2025

Originally posted by : Contrarian Contrarian
Sir socy Lawyer legal experts say no sale exists but stamp duty must so govt earns. Nitmslky stampduty paid on deed but since no deed the allotment letter is ownership document so stamp compulsory...egistrar Lawyer all say ask collector...in collector office different officials have differing views one says today's reckoner value is basis if stampduty..another says 7% on value mentioned in allot letter..another says 3.5% on value plus 400% penalty from 2006....these officials clerks just push me around...hence query which book or rule or written govt official document lays down rate and procedure...

You are, I am, afraid, tying to be wiser than the law.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register