Stamp duty refund

Anil (Querist) 21 January 2014 This query is : Resolved
Hi

2 months back, I purchased a flat and entered into agreement with the builder. Agreement is registered at Registrar office.

I wish to cancel this agreement and select another flat(size is different than previous one) in same building but on different floor.

My query is
1. Can I claim refund of stamp duty in this case? If Yes, what are rules/way outs for this?
2. If Not, whether this stamp duty can be adjusted in next agreement? Next agreement with the same builder/building, only for different flat

Please guide me

Regards
Anil

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Shailesh Kr. Shah (Expert) 22 January 2014
1.no
2.no

you can not get refund neither adjust stamp duty paid for another flat.

T. Kalaiselvan, Advocate (Expert) 23 January 2014
You can neither get refund of stamp duty nor the same can be adjusted to another agreement, you just have to forgo.

ajay sethi (Expert) 23 January 2014
you wont get any refund on stamp duty paid

krishna mohan (Expert) 23 January 2014
It is a revenue to Govt. not to vendor and hence vendor can not adjust.

V R SHROFF (Expert) 23 January 2014
File Rectification Deed, changing flat no, area. [ Mistaken to write the correct one]
contact personally the Asst. Registrar/ thru agent, who will do needful, guide you, with proper legal loopholes, under the table.
u can save stamp duty

malipeddi jaggarao (Expert) 27 January 2014
1. No
2. No
Either you fulfil the agreement or not, stamp duty once paid on a particular agreement can not be refunded/adjusted.
You have pay the stamp duty on the fresh agreement. You can include the cancellation of first agreement clause in the recital of new agreement giving reasons so that nobody can take advantage of first agreement which is not adhered to.

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