stamp act

vineet advocate (Querist) 11 December 2010 This query is : Resolved
who should pay the stamp duty in case of allotment letter by builder ? as per section 29(c) of the Stamp Act,1899 I think it is the obligation of the intended buyer ?

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adv. rajeev ( rajoo ) (Expert) 12 December 2010
Yes definately buyer has to pay. If there is any agreement between the buyer and seller regarding the payment of the stamp duty then the person as agreement he has to pay.

Khaleel Ahmed (Expert) 12 December 2010
well advised Mr.Rajoo.

R.Ramachandran (Expert) 12 December 2010
You are right. This will apply only if the agreement between the parties is silent on the subject. But if there is anything contrary in the agreement between the parties, then the terms of the agreement will govern. For instance if the seller/builder undertakes to pay stamp duty, then the seller/builder has to bear the cost of the stamp duty.

Y V Vishweshwar Rao (Expert) 12 December 2010
If there is no obligation to Vendor under Sale Agreement , the Stamp Duty is to be paid by the purchaser !