Payment of stamp duty
Ketan Shah
(Querist) 15 April 2015
This query is : Resolved
During 1992, I have purchased one flat from builder (first sale) in mumbai but I have neither paid stamp duty nor registered the document. The society has accepted the same and transfer the flat in my name. During 1996, I have sold the same flat to another person who has paid the stamp duty and registered the document of his purchase (second sale). Now the second buyer has received the notice from the stamp department at his address for the payment of stamp duty of first sale deed (between me and builder). The notice is in my name. Second buyer insisting me to pay a stamp duty alongwith the penalty on it.
Please tell me, who is legally liable to pay the stamp of the first purchase deed between me and builder?
Thanks in advance.
M/s. Y-not legal services
(Expert) 16 April 2015
there is no specific provision for this..
try to settle amicably..
but usually the buyer only will pay the stamp duty.. if sale was on insufficient stamp duty mean the buyer will be responsible for the same.
Dr J C Vashista
(Expert) 16 April 2015
Unregistered sale deed is invalid which can be impounded and fined up to 11 times of livable charge/tax, if used.
In fact, without a proper registered document of sale/purchase, the transaction is invalid and illegal. Therefore, subsequent transaction(s) on the basis of the said transaction is/are invalid and illegal.
Rajendra K Goyal
(Expert) 16 April 2015
The Ist buyer has to pay the stamp duty in absence of any agreement to the contrary.
Try to have amicable settlement.
ajay sethi
(Expert) 16 April 2015
yes you are bound to pay stamp duty and penalty
T. Kalaiselvan, Advocate
(Expert) 23 April 2015
You are bound to pay the stamp duty, which if not paid, the consequences will be the subsequent sale deed will stand cancelled calling it invalid.
