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pooja dedhia (students)     14 November 2012

Please guide me on refund of stamp duty


My brother has entered into agreement with the builder under redevelopment project. My brother has paid stamp Duty on 19th January 2012 and got the registered document at the subregistar office at Mumbai. But now due to an genuine reason between this two parties of agreement want to be cancelled the registered document of flat. Now they are going to prepare new agreement.                                                              Following are the changes between two documents.

A)  Doc already registered with ____floor no. 11 , Area-350 sq ft.

B)  Now my brother have booked the new flat in the same premise with the same builder with floor_7 & with Area 500 sq.ft.

My brother wants the refund at the stamp duty as already paid on registered doc as on 19th January 2012. As it is now more deal with the floor no. 11 having area 350 sq.ft. with the same builder. Now this two parties intend to go for new agreement will be executed with the same builder for the purchase at flat in the same premises but with different floor and area. 

How to cancel the earlier registered document as on 19th Jan 2012? How to get the refund amount of paid stamp duty and what document is required to provide to register.

Can this stamp duty is adjustable against the new registration of document?


what is the time limit to filed the Register cancelled deed?


who will bear the expenses?


 1 Replies

ahmed (document writer)     14 November 2012

there is no such provision of adjustment of stamp duty paid against one agreement which was already executed and in you case you are entering into a fresh agreement for the other unit/flat, my openion is that execute a EXCHANGE DEED between the parties i.e. the builder and your borther and in the exchange deed one unit/flat will be consider as exemption and you have to pay the stamp duty on only one flat and the stamp duty have to be pay by the purchaser. 

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