Legal Question in Real Estate Law in India

StampDuty Amnesty Scheme


I purchased flat in bombay in 2005 in a building constructed in 1982, i am the 4th buyer of this flat.

I purchased the flat in 2005 for 10 lac and paid stamp duty of 33750 and registration of 10000.

the 3 rd buyer purchased flat in 2000 for 6.5 lacs and paid stamp duty of 18830 for his part at the time of buying the flat.

the 2nd buyer purchased flat in 1990 for 2.5 lacs and paid stamp duty of 10740 in 1995 under amnesty scheme of government.

1st buyer purchased flat in 1982 from builder for 48k and that agreement has two Rs.5 stamp on the same.

can you suggest, do i need to pay stamp duty on the same under amnesty scheme and if yes how much it will be?

Is there any chance that the scheme would be extended for few more months?

I have submitted all the original documents to bank as i have taken bank loan to purchase this flat.

Please advice at the earliest.

Asked on 10/14/08, 2:58 pm

3 Answers from Attorneys

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]
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Re: StampDuty Amnesty Scheme

Since you are already the full owner and the Bank has accepted the property for mortgage, you may not be required to do anything. The banks require a 'search report' about clear title for mortgage from their own lawyer. Therefore, your title appears to be in order.

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10/14/08, 11:39 pm
Sachin Sangare Private Practise
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Re: StampDuty Amnesty Scheme

You have to lodge the 1982 agreement for amnesty scheme. Get the document from the Bank stating the reason of Amnesty Scheme.

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10/14/08, 11:59 pm
Shrichand Nahar S.V.Nahar, Advocate
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Re: StampDuty Amnesty Scheme

If conveyance is already complete, no need to bother about non-payment of stamp on 1982 agreement, since in those days, agreements required stamp of Rs.5/- only.

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10/15/08, 4:04 am

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