Refund of stamp in uttar pradesh

bhanu pratap720 (Querist) 01 June 2021 This query is : Resolved
What is the process to get refund of stamp in Uttar Pradesh in case sale has not been executed ? Who are the concerned authorities and what documents are required ?

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If a property sale in Uttar Pradesh hasn't gone through, you can apply for a refund of the stamp duty paid. You'll need to submit the sale deed explaining the failed transaction to the Tahsildar, RDO, or SDO. The authorities will process your request after scrutinising the documents, deducting 10% of the stamp duty. For unused judicial stamp papers, the concerned court will issue a certificate, while for non-judicial stamps, the State/District Controller of Stamps is the authority.

kavksatyanarayana (Expert) 01 June 2021
You shall submit the sale deed stating reasons why the transactions failed and request the Tahsildar/RDO/SDO concerned for the refund of Stamp duty. After scrutiny of the document making a deduction of 10%, orders will be issued for the remaining stamp duty.

Dr J C Vashista (Expert) 02 June 2021
Whether the stamp paper is judicial or non-judicial ?
If judicial / court fees, concerned court shall issue certificate u/s 15 of Court Fees Act, 1870.
Otherwise State/ District Controller of Stamps is the competent authority for refund of unused stamp duty.

Sankaranarayanan (Expert) 02 June 2021
I do endorse experts points

ashok kumar singh (Expert) 02 June 2021
agreed with views of earlier experts, therefore no further comments, so far.
thanks

T. Kalaiselvan, Advocate (Expert) 03 June 2021
Generally, for all property transactions, the buyer has to pay certain amount as stamp duty.
You can claim the refund of stamp duty paid on such instrument, if the same has not been executed. The government deducts 1% of the stamp duty, subject to a minimum of Rs 200 and a maximum of Rs 1,000 of the stamp duty paid.
The buyer of the property can get a refund of 98% of the stamp duty, if an application is made for a refund of the stamp duty. With the refund application, you are required to attach the original agreement, as well as the original cancellation deed, with both the documents being registered. However, you will not get a refund of the registration charges.
For further details you can pursue the UP State stamps act, 2008 section 52 and 53, which will clarify all your doubts about the refund of stamp duty.

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