Franklyn 29 May 2023

Stamp duty for deemed conveyance

Respected Lawyers,

Our Society in Mumbai had obtained Deemed Conveyance for an area of 2,901 sq. mts. via an order of the Dy Registrar dated 19 January 2022. Subsequently, our consultant applied for a revision order and by order dated 27 February 2023, the area was revised to 3,064.70 sq. mtrs.

Are we due to pay any stamp duty for the additional area of 163.70 sq. mtrs.?

All 56 members have earlier paid SD and Registration charges on their respective flat agreements.

Please advise.

Thank you,

Society's Hon. Secretary.

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Quick Summary

A housing society in Mumbai received a deemed conveyance order for their land. After a revision, the land area increased. The Hon. Secretary is seeking advice on whether stamp duty is payable for this additional area, as members have already paid stamp duty and registration charges on their individual flat agreements. The initial advice suggests that stamp duty is indeed payable on the remaining/additional extent of the land.