Refund of stamp duty amount
pratimashetty
(Querist) 26 February 2015
This query is : Resolved
We had booked a flat and registered the agreement of sale in Apr 2013. However as our loan was not sanctioned, we cancelled the deal and registered our deed of cancellation. Our agent had requested for all originals while cancelling the deed. Right now we have ONLY E-Stamp original paper and photocopy of agreement of sale and deed of cancellation. Our agent has misplaced original documents and now we have been informed stamp duty will not be refunded. Even if we have E-Stamp, it is of no use unless we submit all original. Pls guide as after Apr 2015 the refund will be void.
malipeddi jaggarao
(Expert) 27 February 2015
Your agent is playing mischief. The original documents cannot be misplaced. The authorities are correct in insisting for all originals. For refund, whom you have contacted?
ajay sethi
(Expert) 27 February 2015
no refund would be granted in absence of originals
ajay sethi
(Expert) 27 February 2015
you can furnish certified copy of deed of cancellation and file affidavit of loss of originals . ask the agent to now run after authorities for refund
Rajendra K Goyal
(Expert) 27 February 2015
Find out the procedure for refund in the case originals are lost,consult local lawyer.
Dr J C Vashista
(Expert) 28 February 2015
Apply for a duplicate copy of e-stamp paper after necessary documents/formalities and apply for refund of value of the unused e-stamp papers through area SDM.
However, original e-stamp paper (or duplicate with certificate issued by stamp vendor of not been franked) has to be attached with the application.
Contact and consult a local lawyer and/or authorities concerned.
pratimashetty
(Querist) 28 February 2015
Thank u very much for the response. I've the original e-stamp paper. The original agreement of sale and deed of cancellation is misplaced.
I've got the certified copy for both these documents. Is there any other way out.
T. Kalaiselvan, Advocate
(Expert) 02 March 2015
The refund will not be made in the absence of original documents, so put pressure on the agent or ask him to pay from his pocket.
