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Property buyer (software programmer)     15 March 2013

Stamp duty refund in tamil nadu

Hello,I am in the process of purchasing a land with a new constructed house (not finished). This week we went to register the land (value 13 lakhs) and purchased a stamp duty for 1 lakh and started filling in details and pasting photos. While we were filling in details in the stamp duty, the bank lawyer who dispatch the loan amount came and said the land and the construction should be registered since the bank is giving loan for 40 lakhs including the construction.

It works out to about 3 to 4 lakhs more for the registration (of construction building), which we cannot afford at this point. So at this last step we are considering dropping this property purchase. My question is will I be able to get a refund for the 1 lakh stamp duty that is already paid & content typed, BUT WILL NOT BE USED FOR REGISTRATION. I would highly appreciate any help in providing answer to this question. 

Thanks very much!



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 3 Replies

Advocate Kishor Hajare (Advocate)     15 March 2013

Dear,

Yes. You can. In such case, you need to follow the rules prescribed therefor.

Firstly, you are required to approach the stamp collectorate with the application of refund of stamp duty paid on un-executed agreement.

Alongwith the application of refund which is to be prepared in accordance with the section 47 of Bambay Stamp Act, 1958, you have submit the copy of un-registered agreement, hyper terminal certificate, verification letter with respect to stamp duty from Bank ectc and some more documents as per the requirements of the concerned authorities.

If you need more info on the same, contact on the belowmentioned address:

Kishor Hajare

9930647734/hajare.kishor@rediffmail.com

S.N.Raj Kumar (Advocate)     16 March 2013

Dear Brother, you should submit Application for refund along with all stamp papers with sale certificate issued by the concerned stamp vendor,before the concerned tresarary. After verification  they  will issue  cheque or D.D in favour of  you,subject to deduct some nominal charges as per norms.any doubt pl.call me S.N.Raj Kumar,9841127561

Jayesh Gore (Engineer)     25 October 2013

I have purchased a resale house for 4900000/- in Pune, Maharashtra. For that i paid stamp duty of Rs. 294000/- and registration of Rs. 30000/- during agreement on 13-09-2013. At the time of sale deed i.e on 25-10-2013, my lawyer attached old Index-2 copy which was made during agreement between old owner and builder in 2004 instead of a new one which was made during agreement on sept. 2013 between me and owner. Due to that the sub-register told to pay extra 1% as LBT in the form of franking. So i made franking of 1%, in addition to the 6% of 4900000/- and completed the sale deed. afterwords I came to know that it was not neccessory to pay that additional 1% becouse already i have paid 6%. So can anyone advise me on how could i make the refund of that adiitional 1% ammount. and also on what to do with the old index 2 copy. becouse the new index -2 copy is not attached to to my sale deed. Please advise.

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