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Stamp duty in delhi and gujarat

(Querist) 07 April 2016 This query is : Resolved 
Dear expert,

I have Purchase home in state of Delhi. I took home loan from bank of Rs 15 lac by mortgage(Equitable) home to bank. As i reside in state of Gujarat i took home loan in one of the bank in Gujarat state. it is confirm that i have to pay stamp duty on registration of sale deed in Delhi. but i have doubt that will i have to pay stamp duty on mortgage of property in Gujarat ? is it possible the Delhi revenue department may raise demand for mortgage of property in state of Gujarat as property is in Delhi.

Please advise ..
kavksatyanarayana (Expert) 07 April 2016
if you take loan from a bank in Gujarat for the house at Delhi, the bank will not sanction the loan as it is necessary to register the mortgage deed at Gujarat and House is at Delhi. so registration law does not permit. if you have some any property at Gujarat then you can proceed for house at Delhi.
Dipak (Querist) 07 April 2016
Sir ,
It is not registered mortgage as this for home loan as per bank..I got sanction but I have still doubt that will equitable mortgage attract stamp duty n if yes then which state will ask to pay stamp duty,...I have house in Gujarat n purchased new in house in Delhi...
Dipak (Querist) 07 April 2016
Sir ,
It is not registered mortgage as this for home loan as per bank..I got sanction but I have still doubt that will equitable mortgage attract stamp duty n if yes then which state will ask to pay stamp duty,...I have house in Gujarat n purchased new in house in Delhi...
Rajendra K Goyal (Expert) 09 April 2016
Equitable mortgage does not attract stamp duty like registered mortgage.

In some states fixed stamp fee for equatable mortgage is charged. In your case it would be charged only if such charges are taken in Gujrat.

You can give your property as equatable mortgage in Gujrat even if the property is situated in Delhi.


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