CAN STAMP DUTY BE REFUNDED?


Posted On : July 12, 2020
CAN STAMP DUTY BE REFUNDED?
A conversational piece about stamp duty refund in Maharashtra.
Listen to this article

Table of Contents

You won’t believe the incredibly large number of people that ask me this question, well not exactly in these same words but you get the gist. I am surprised that a large number of our populace is ignorant regarding the stamp duty refund procedure. There are many questions regarding the stamp duty refund process that needs to be answered, allow me to present the information in a Q & A format. Please take note that the information provided would be relevant for the state of Maharashtra as on March 2019.


Q. Could you get a refund of stamp duty amount before registration?

A. If you have paid the amount and did not register the document, then you must apply for the stamp duty refund within 6 months from the date on which you have paid the stamp duty amount.


Q. I want to cancel my registration, will I get stamp duty and GST refund?

A. Yes you must get GST refund, ask the builder, if he refuses, there is always RERA. If you have registered a sale agreement, then you must register a cancellation deed within 5 years from the date of sale agreement. Once you have successfully cancelled the agreement then you must apply start stamp duty refund procedure and submit the stamp duty refund application within 6 months from the date of Cancellation deed.


Q. What is the proof of stamp duty payment? I have a receipt from builder will it work?

A. No sir, the receipt will not work, either you must have a GRAS challan (MTR 6) or an ESBTR certificate (it looks like a stamp paper). You will need original copies of both for the procedure. ESBTR refund and challan refund are the same thing as stamp duty refund.


Q. What documents are required for stamp duty refund application?

A. The requirements are as follows.

Sale agreement (Original)

Cancellation Deed (This is a tricky one. Some offices accept only original copy of cancellation Deed

while some are okay with the certified copy.)

Copy of Pan Card and Aadhaar Card

Affidavit

NOC (if applicable)

Power of attorney (If applicable)

Refund Form

Say

Cancelled Cheque


Q. Builder refuses to give me original document, is there a way out. He says he needs it for selling the flat to future customers.

A. He does NOT need original documents for selling the property further. Photocopies are enough proof and if required certified copies of Sale agreement’s and Cancellation Deed’s Index 2 are more than enough for future registrations. Kindly point it out the same to the builder and claim your documents.


Q. Will I get my original agreement back after stamp duty refund?

A. The original Agreement for sale and Cancellation deed are not returned by the state government. The original documents are returned only in cases where the stamp duty refund application has been rejected.


Q. Will I get the stamp duty and registration fees both?

A. If you have not registered an agreement for sale then you will get both stamp duty refund and registration fee refund. If you have registered a sale agreement then you will not receive the Registration fee amount.


Q. Will I get the complete amount or will there be some deduction by the government?

A. The maximum deduction as of today is Rs 1000/- (One Thousand Only)


Q. How much time does it take to get stamp duty amount back?

A. It takes around one month to three months, subjective to the amount and the office where you have applied for stamp duty refund.


Q. Where must I apply for stamp duty refund?

A. Stamp duty refund application has to be filed with the office of Collector of stamps of that particular district. Click here for the address for the office of collector of various district’s.

Q. Can my stamp duty refund application be rejected?

A. Yes if your documents are not in order, if you have failed to submit application within specified duration, if you do not meet certain stipulations then the stamp duty refund application could be rejected.


Q. Can I reapply for refund after my application has been rejected?

A. Yes, you may submit an appeal before the Inspector General of Registration in Pune.


Q. How do I get the refund amount? Do I have to be present in the office?

A. No, the amount is transferred in your bank account. They may call you to sign in the office though, when the refund has been granted. Once you sign on the treasury receipt then it takes another 10 days to receive the transfer in your account.


Q. I knew you had a motive, I guess now you will tell me that your service is so convenient that everyone should hire you for stamp duty refund?

A. No, not everyone could commission us for the procedure, stamp duty refund needs drastic followup, which means crazy man hours. Those who are way too busy or those who appreciate the kind of effort it requires for follow up sign us immediately. We try to help others by way of giving out information for the procedure and explaining details.


Q. Okay, how do you manage my documents, will I have to be present in the office?

A. Your documents are picked up from you home or office and you never have to set your foot in the government office, we take care of it all for you.



Written By:
Sarvesh Randive

Sarvesh Randive

Thane

Recommended Free Legal Advices
question markStamp duty penalty 1 Response(s)
Dear Sir, The description given by you is so lengthy, please make it short and re-submit, as experts have no time to spare as this is free and charity work.
question markStamp duty paid but flat not registered 3 Response(s)
Dear Sir, Please approach a property lawyer who is acquainted with local laws.
question markStamp Duty and Registration Chages for PAAA in Mumbai 1 Response(s)
Hello, Stamp duty and registration charges for a Permanent Alternate Accommodation Agreement in Mumbai are subject to the applicable state laws and may vary based on the specific details of the agreement. In Maharashtra, To determine the exact stamp duty and registration charges for your Permanent Alternate Accommodation Agreement, you should consult a local lawyer or visit the nearest Sub-Registrar's Office. They will have the most up-to-date information on the applicable rates and charges. It's worth noting that stamp duty rates can vary based on factors such as the nature of the agreement, the location of the property, the tenure of the agreement, and the value of the property. Similarly, registration charges may vary depending on the type and value of the agreement. To get an estimate of the stamp duty and registration charges, you can also use the ready reckoner rates published by the government. These rates provide a reference for property values in different areas, which are used to calculate stamp duty. Again, it is highly recommended to consult a local lawyer or visit the Sub-Registrar's Office for accurate and up-to-date information regarding stamp duty and registration charges for your specific agreement in Mumbai.
question markOnline stamp paper text content 2 Response(s)
Dear client, The acceptability of having the first page of a contract or agreement mostly empty and including detailed terms and conditions on subsequent pages can depend on the laws and practices in your jurisdiction. Generally, it is recommended to have all parties sign or acknowledge each page of a contract to ensure that they are aware of and agree to all the terms and conditions. Regarding the use of an e-signature for the agreement, it's important to comply with the laws and regulations governing electronic signatures in your jurisdiction. Electronic signature laws vary by country and may have specific requirements for their validity. You may need to ensure that the e-signature process you are using adheres to these legal requirements. Not including page numbers throughout the document may not be a significant issue as long as the reference number of the stamp paper is clearly indicated on each page. However, it's generally good practice to include page numbers to maintain clarity and prevent any confusion or misplacement of pages. To ensure the validity and enforceability of the agreement, it is advisable to consult with a legal professional who can review the specific details of the agreement, stamp paper, and e-signature process you are using. They can provide guidance based on the applicable laws and regulations in your jurisdiction to ensure that your agreement is legally sound.
question markProperty Registration - DDA 1 Response(s)
Dear Sir, My answers are as follows: 1. Can a new sales deed be again executed between DDA & Living rightful Heir of original allotee or is there a rule that sales deed can only be registered once. Ans... It is possible but you can file suit for declaration and declared as owner. 2.Have traced Registered agreement to sale from Sub registrar's office against the same property executed between My Great Gandfather & DDA registered in 1978 for a 100% paid consideration of Rs.11450 for the plot with stamp duty paid on the document - Ans... You can use this document before the Court a. Now if press for execution of sales deed against the same document will I have to pay the stamp duty again as stamp duty was already paid at time of registeration of Agreement to sale against the price consideration. Ans... It is not possible. as sale agreement as validity of 03 years only. b. If stamp duty needs to be paid, will it be applicable on agreed registered price as per agreement to sale of 1978 or on current circle rate. Ans... You have to pay Court fees before the Court. c. If no stamp duty needs to be paid on sales deed, since its already paid at time of execution of Agreement to Sale in 1978, what are the registration & pasting charges that sub registrar charges in Delhi. Ans... You need not pay any stamp duty except Court fees.
Expert Lawyers in Real Estate Property Contracts and Agreements