Stamp duty on conveyance deed

ketan shah (Querist) 18 July 2021 This query is : Resolved
Sirs,
Our society was formed in 2007 and conveyance was given in 2011. At that time builder paid the stamp duty amounting to Rs 1042000/-. As per the clause in registered agreements and conveyance deed the stamp and registration charges have to be borne by the society members but after almost 9 - 10 years the members are not ready to share the stamp duty saying that the issue has never been discussed in the meetings. When it is clearly mentioned in the documents are they not liable to pay the stamp duty as per their share.
Please advice. Thanking you in advance

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Quick Summary

A society formed in 2007 received its conveyance deed in 2011, with the builder initially paying the stamp duty. The registered agreements state that society members should bear these costs. However, members are now refusing to pay their share after nearly a decade, claiming it was never discussed. Legal advice suggests that while parties can mutually agree on liability, recovering these dues after such a long period may be barred by limitation, and consulting a local lawyer is recommended.

SHIRISH PAWAR, 7738990900 (Expert) 18 July 2021
Hello,

Parties can mutually decide the liability for payment of stamp duty and registration charges. In your case as per contract, you have mutually decided that society member has to pay the stamp duty.

Message likes : 1 times

kavksatyanarayana (Expert) 18 July 2021
Yes. When the owner/member and the builder mutually agreed on the agreement, the member shall pay the stamp duty. File a case if necessary by consulting a local lawyer.

Dr J C Vashista (Expert) 19 July 2021
It is barred by limitation and can not be recovered from members after 3 years.

It is better to consult and engage a local prudent lawyer for appreciation of facts. documents, professional advise and necessary proceeding

P. Venu (Expert) 21 July 2021
Why you have slept over the dues for a decade?

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