Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Stamp duty paid at 4% but agreement for sale not done.

We had entered into a deal to purchase a flat in Navi Mumbai.
The seller is a Hindu Undivided Family.
The 2 main parties are father and son. Father was Karta and son was co-owner.

We paid stamp duty at 4% on 26/03/2021.
We did NOT do any agreement to sale and sale deed (both not done) due to Covid-19 2nd wave.

Due to Covid, the father and mother  passed away.
The only remaining family members are son and his sister. For sister, PoA is done.

The query is : Whether to pay stamp duty at additional 2% (total 6%) to do agreement with surviving family members now ? Or is the stamp duty at 4% paid on 26/03/2021 sufficient ?

Please guide.



Learning

 3 Replies

Shubham Bhardwaj (Advocate)     06 July 2021

Dear Mr Maheshwari, 

The answer to your query would depend upon what is the rate for stamp duty for the transaction. If the same is 4 %, then stamp duty paid is sufficient however if the same is 6% then you ll have to pay additional 2 %. In my opinion, the facts narrated by you are not relevant for deciding liability for stamp duty unless the rate for the duty is different for a particular class of seller in the schedule to the Indian Stamp Act applicable in your State. 

 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

 

Disclaimer:- Opinion is only for guidance. 


(Guest)

Originally stamp duty was 6% 

Maharashtra government had put stamp duty at 4% till 31/03/2021 as discount

Now also stamp duty is 6%

Shubham Bhardwaj (Advocate)     07 July 2021

Dear Mr Maheshwari, 

The duty applicable would be 6%

Regards


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register