Residencial flat
FEROZ PALITANAWALA
(Querist) 15 January 2012
This query is : Resolved
I have booked a flat with full payent in April 2010. I paid the stamp duty(Frankling) amount in May 2010 but till today builder is not ready to come for registration process because he has not yet got the CC for construction above the plinth level. I want to know whether the Stamp duty amount can be refunded or is the Stamp duty amount that is paid valid till the time when I go for registration in next 2/3 years.
I also want to know whether the above paid Stamp Duty can be used for another immovable property??
ajay sethi
(Expert) 15 January 2012
you have paid stamp duty amount but builder has not proceeded with registartion .
in other words the franking of document has not been done . if document had been franked registarion was required to be done within 4 months and with penalty another 4 months frace period is provided
if builder has not used the stamp duty amount for franking of document you can ask builder for refund .
if document has already been franked then in such a case no refund is permissible .
Devajyoti Barman
(Expert) 15 January 2012
Why are you interested to get back the stam duty only when you are entitled to get the property and the registration too if the proposed flat is constructed.
Not getting CC is not a issue.
File a case before the consumer forum u/s 12 of the Act and see how you get both in no time.
If no flat is constructed as yet then you would get back all the monies with adequate compensation.
Rest assured.
Advocate Bhartesh goyal
(Expert) 15 January 2012
If you have paid entire sale consideration to builder and the flat has not been constructed yet, it is deficient services of builder.you should approach to consumer forum having jurisdiction and claim the possession of flat or its cost with compensation towards mental and physical agony.
Guest
(Expert) 15 January 2012
You may surrender the stamped document to the Government and you are entitled for refund of the stamp duty with deductions of about 20% of the value (in Tamil Nadu). You may check in your place for the applicable rate. It is the only way out. You cannot use the stamped document for any other purpose. From your query, I could see you have no grievance against builder. So no need to go to Consumer Court, etc., as suggested by others above.
Raj Kumar Makkad
(Expert) 15 January 2012
You have already been advised very well so follow the advice.
Deepak Nair
(Expert) 16 January 2012
I support the advise from Mr.Devajyoti Barman
V R SHROFF
(Expert) 17 January 2012
Very well advised by Shri Barman.
Iunderstand SD is paid & fraking is over. CC have nothing to do,
issue notice to builder, and take cons forum action suggested by shri Barman.
Vineet
(Expert) 21 January 2012
Request the experts not to give vague replies and agree with others if they have nothing to add.
As I understand, querist has posed a valid practical issue that agreement has already been franked in May 2010 but not registered so far. Has it been executed by parties? If yes, the same had to be presented for registration within 4 months. Now that time is over, the refund of stamp duty is governed by section 49 and 50 of Indian Stamp Act, 1899 as applicable in respective state (In Bombay Stamp Act it is section 47 and 48. Normally nothing is refundable after six months. However you are advised to recheck in your facts and relevant state.
