Sale deed cancellation by drt and stampduty refund
PARTH
(Querist) 18 May 2013
This query is : Resolved
Respected Expert,
We had purchased a property in a DRT Auction and had registered the same in our name. however in mean time, the Said DRT Cancelled the sale deed due to some dispute in the matter.
how can we get the refund of stamp duty which we paid while getting the property in our name earlier ?
Please provide us with the necessary formalities to be completed with.
accept my thanks in advance
R.K Nanda
(Expert) 19 May 2013
file application for refund of SD in the office of sub-registrar where it was registered.
bhagwat patil
(Expert) 19 May 2013
If the deed is registered in sub registrars office, there will be no refund of stamp duty possible as as stamp is utilized.
PARTH
(Querist) 19 May 2013
thank you both of you.
to mention that we came to know from DRT person that, in case the court (DRT) Cancels the deal, then refund of stamp duty is possible.
ashutosh mishra
(Expert) 19 May 2013
Any refund of stamp duty is to be applied through collector of the district.
Raj Kumar Makkad
(Expert) 19 May 2013
If DRT specifically has ordered to refund the stamp duty in its order of cancellation of registered deed, only then collector shall be bound to refund otherwise there is no scope of refund.
ashutosh mishra
(Expert) 19 May 2013
i am too sorry to disagree with you SIR !
ashutosh mishra
(Expert) 19 May 2013
i can and should not be victimized for no fault of mine!
Do you agree sir Makkad ?
if no state reasons to understand law for me
sir !
Where shall i stand without your help sir!?
Raj Kumar Makkad
(Expert) 19 May 2013
+Mishra! It would have been better had you also given the reason for disagreeing with me. Law is that the value of the used stamp papers cannot be refunded and collector has even no power to violate this general law. The exception is the order of the court.
If you have any provision in your support then please let me know so that I may amend my reply and feel regret in that event.
bhagwat patil
(Expert) 20 May 2013
Agreed to RAJKUMARJI in addition toIwish to explain Claim for refund on other rescinded or cancelled documents
The instrument was found absolutely void from the beginning
The instrument was found unfit for the original purpose intended by reason of any error or mistake
The instrument which has not been made use of, is incomplete for the purpose intended, by reason of the inability or refusal of some necessary party to sign the instrument or complete the transaction
No refund can be allowed on an instrument if it has been made used of. An instrument is made used of if any of the parties to the instrument has enforced his/her rights under the instrument or has in any way acted on the terms of the instrument. For examples, payment has been made, deposit has been forfeited, obtained compensation, taken possession of the property or the lease term has commenced.
The instrument fails its intended purpose or becomes void, by reason of the inability or refusal of any person to act under the instrument, or for registration within the time required by law
Another document is made between the same parties, for the same purpose, is executed and duly stamped
No legal proceeding has commenced in which the document could or would have been used as evidence
For rescinded or cancelled documents, you are required to submit the original and duplicate documents to the Commissioner of Stamp Duties for cancellation.
PARTH
(Querist) 08 July 2013
Thank you all for your valuable replies...have a good time ahead :)
