Stamp duty applicability

legal manager

Dear Experst,

Greetings of the Day!

Pls. help me to sort out my query:

Our is a construction co. in maharashtra. We had entered into an agreement to sale with one person in the month of Jan.,2012 in respect of flat no.202. The document is regd. with sub registrar office by paying necessary stamp duty. But due to miscommunication between the parties, the flat no. is wrongly entered in the regd. ATS as 202 instead of 204. Now the client want to execute the rectification deed in respect of flat. When we approach for the execution of rectification deed to the registrar office, the DDR reject the same by saying that as the property is changed, the purchaser has to pay the new stamp duty & we can't able to execute the rectification deed for the flat.
In this case, the flat no. is changed from 202 to 204, area changed, floor plan changed, boundaries changed, total consideration & tower no. remain as it is. 

Is it treated as exchange deed or is there any provision in stamp duty act in maharashtra to deal with the above mentioned matter to exclude the stamp duty? Is it ok to execute the rectification deed for the said flat?

Regards

Pashyanti

 
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