Stamp duty

Querist : Anonymous (Querist) 20 March 2021 This query is : Resolved
I WANT TO KNOW THAT WHETHER I CAN MAKE AN AGREEMENT WITH THE SELLER THAT THE STAMP DUTY SHOULD BE PAID BY THE SELLER. IS IT LEGAL. IF YES, PLEASE SHARE THE RELEVANT SECTION. IF POSSIBLE THE RELEVANT SECTION IN ANY KERALA ACT.
PLEASE NOTE THAT I AM A BUYER TO THE PROPERTY.

Follow Query

Report Abuse

kavksatyanarayana (Expert) 20 March 2021
Under Sec.29 of the Indian Stamp Act, the buyer shall pay the stamp duty. The Indian Stamp Act, 1899 extends the whole of India except Jammu and Kashmir.

Advocate Bhartesh goyal (Expert) 20 March 2021
Seller never pays stamp duty it is buyer who has to pay the stamp duty on sale deed.

J K Agrawal (Expert) 21 March 2021
In my humble opinion there is not bar that seller will not pay stamp duty. You can lay down term that stamp duty will be paid by seller and it is valid contract under Indian Contract Act 1872.
Section 29 also not restrict such an agreement.

29. Duties by whom payable. —In the absence of an agreement to the contrary, the expense of providing the proper stamp shall be borne —

Sankaranarayanan (Expert) 21 March 2021
The registered agreement only valid. Normally the buyer paying the the stamp fees and expenses But seller can also pay if he agrees.