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Arabinda Patra   29 March 2025

Up non judicial stamp papers refund

I had purchased stamp papers for my flat PAN OASIS Sector -70, Noida registry in Dec 2015 as directed by builder PAN Realtors Pvt Ltd worth 208420/- . As per the recent rule passed by cabinet to replace or refund all old physical stamp papers builder has returned me those. But when I went to refund or replace my old stamp papers the authority is not accepting as it is older than 8 years. Please let me know how I get it replaced or refunded. As a consumer I am suffering due to my Builders miss conduct  as they are not able to pay due to Noida authority due to which my flat is not getting registered for last 10 years. Please provide direction how I can get refund or replace my stamp papers.



 2 Replies

Dr. J C Vashista (Advocate )     29 March 2025

Why did the builder ask for and retain stamp papers such a long time of 8 years untill he (builder) has to get the conveyance deed / sale deed registered ? Builder is liable for any losses on account of unused stamp paper.

However, if there is some changed rule on refund of stamp duty unused stamp paper has to be accepted and refunded as per rules on the subject. Did you approach local SDM /ADM / Revenue officer ?

If the revenue authorities decline to refund unused stamp paper money, move in civil court of jurisdiction for recovery through a local prudent lawyer.

 

T. Kalaiselvan, Advocate (Advocate)     29 March 2025

To get a refund amount of unused judicial stamp paper, you may have to the concerned authority, such as the Collector or the Sub-Registrar, and submit the original stamp paper along with a valid reason for seeking a refund. You may also have to pay a deduction fee or a penalty for the refund. The refund may be subject to a time limit, usually six months from the date of purchase of the stamp paper.

For example, in India, you can apply for a refund of unused judicial stamp paper online through the e-GRAS portal.

To qualify for a stamp duty refund online, a few conditions must be met:

  • The sales deed must not have been executed or acted upon (i.e., the property transfer should not have been completed).
  • The cancellation should result from mutual consent, a legal directive, or a breach of contract.
  • The refund application must be submitted within the prescribed timeframe from the date of cancellation, as per the applicable state laws..

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