Renewal of Lease Deed

Himanshu (Querist) 08 October 2009 This query is : Resolved
Lease deed was executed and registered and now it is expiring by next month. Excess stamp duty was paid on that Lease Deed, now can I get credit of that excess amount for renewal of Lease Deed. Can we renew it by signing of letter or supplementary deed upto the term and adjust the excess amount of stamp duty paid on the existing Lease Deed. Please advice.

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A V Vishal (Expert) 08 October 2009
In my opinion there is no procedure to adjust the excess stamp duty paid while entering the lease agreement, it is advisable to execute a fresh deed by paying the stamp duty.

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Sachin Bhatia (Expert) 08 October 2009
My views are also same there is no procedure to adjust it.

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PJANARDHANA REDDY (Expert) 08 October 2009
NO SUCH PROCEDURE OF EXCESS ADJ IN INDIAN STAMP ACT.

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Raj Kumar Makkad (Expert) 08 October 2009
Better you apply to the registrar to refund the already excess charged stamp duty, which can be refunded as per procedure contained in Stamp Duty Act. This excess paid duty cannot be adjusted though mutual agreement because it is the state which is involved in this process.

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adv. rajeev ( rajoo ) (Expert) 09 October 2009
U cannot get adjusted the excess stamp duty paid.
U go for fresh lease deed.

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sanjeev murthy desai (Expert) 09 October 2009
Dear Himanshu,

I agree with above opinions and

Why you paid excess stamp duty on that Lease Deed?

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A.P.Manoranjan (Expert) 09 October 2009
No refund of excess
stamp Duty. A fresh lease Deed may be registered on expiration of the earlier ones.

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Sushil Kumar Bhatia (Expert) 09 October 2009
There is no provision to adjust or refund excess stamp duty already paid on executed instrument

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