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Allo Allo (advocate)     05 November 2011

Stamp duty on an memorandoum of understanding in gujarat

Dear All,

I am trying to effect a sale of N.A. land situate in the boudary of a village in the State of Gujarat. My client and the vendor of the property want to execute an MoU and would subsequently execute a Sale Deed for conveyance. My queries in regard to the stamp duty implications are as follows:

  1. What would be the applicable Stamp Duty on an MoU when the parties do not contemplate a transfer by the MoU? 
  2. The Bombay Stamp Act, 1958 as applicable in Gujarat states in Section 3A that there would be an addittional 40% increase in stamp duty for a conveyance of a property. Also Section 3B(1)(ii) states that N.A. land situate in a village would be chargeable with 25% addittional duty over and above the duty normally charged under Section 3 of the Bombay Stamp Act, for a conveyance. Would somone please clarify and validate these two provisions.

Would be very greatful if anyone could help me out with some insight and thoughts in this matter.

 

Best Regards,

AlloAllo7.



Learning

 1 Replies

V. VASUDEVAN (LEGAL COUNSEL)     05 November 2011

MOU is a non binding document of recording mere understanding and Rs.100 stamp paper would do. However, this is not prefererred since either party cannot seek any legal remedy if this understanding is reneged. Would be preferable to execuate an agreement with specified terms including advance, time agreed for full payment and completion of sale deed etc. and register the same. This document may be taken to the Registrar's office to ascertain the appropriate stamp duty based on the slab/ready reckoner

vasudevan


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