How to refund stamp duty in mumbai
Sukhveer Sarkaniya
(Querist) 18 March 2013
This query is : Resolved
Dear sir/madam,
I purchased a flat and registered in Jan 2012 which was later cancelled in March 12 but builder took the cancelled sales deed from registrar office and returned in this month i.e. 11th March 2013.
How can I process for refund of my Stamp Duty?
How much will be the charges/fees will be levied in getting refund of stamp duty?
What is the duration takes to get stamp duty refunded?
What are the documents required apart from Cancelled Sales Deed to get refund?
Please help and advise.
Warm regards
Sukhveer Sarkaniya
prabhakar singh
(Expert) 18 March 2013
In my knowledge you are not entitled to get refund against used stamps.Refund can be only for unused stamps for which it has to be claimed within 6 months of it's purchase in Maharashtra where after they lapsed their value and are not allowed to be used even.But in other states unused stamps can be refunded
or used as per law enforced in that state.
Adv k . mahesh
(Expert) 18 March 2013
go through this site address which has some useful tips ans steps to be used for you
http://www.mca.gov.in/MCA21/dca/help/instructionkit/1100-FormRefund_help.PDF
but is made clear that once your registration process is completed there is no refund only certain corrections only they will refund anyway consult at the registration office and they will provide you the correct procedure and you have not mentioned in which state it was done
R.K Nanda
(Expert) 18 March 2013
agree with Prabhakar Sir.
Devajyoti Barman
(Expert) 18 March 2013
Yes, after the expiry of six month the refund is no more possible. Study the latest supreme court decision in this respect
Sukhveer Sarkaniya
(Querist) 18 March 2013
dear sir/madam,
If this delay was due to builder who did not returned our Cancelled Sales deed of property. Can a legal action be taken and ask for this refund. What is the legal action we can take and whats the procedure?
Please help.
ajay sethi
(Expert) 18 March 2013
issue builder legal notice that on account of his negligence the cancelled documents was received after one year of cancellation of agreement . then move consumer forum against the builder .
Raj Kumar Makkad
(Expert) 18 March 2013
ection 54. Allowance for stamps not required for use. - When any person is possessed of a stamp or stamp which HAVE NOT BEEN SPOILED OR RENDERED UNFIT OR USELESS for the purpose intended, but for which he has no immediate use, the Collector shall repay to such person the value of such stamp or stamps in money, deducting ......"
Thus, there is provision in the Stamp for refund only when the stamp paper "has not been spoiled or rendered unfit or useless".
