Legal Question in Real Estate Law in India

Stamp Duty Amnesty Scheme 2008

Hi,

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

while purchasing i (4th Buyer) paid the stamp duty and did the registration of flat as well.

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

the 2nd buyer purchased flat in 1990 and paid stamp duty in 1995 under some scheme of the government.

1st buyer purchased flat in 1982 from builder 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?

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 9/08/08, 5:20 am

2 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: Stamp Duty Amnesty Scheme 2008

Since the first agreement was before Dec'85, no stamp duty is payable thereon.

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Answered on 9/08/08, 5:30 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Stamp Duty Amnesty Scheme 2008

In my opinion no stamp duty is required to be paid at this stage on the 1982 agreement as all the three subsequent purchasers have paid stamp duty; and even Bank has accepted your title before release of loan.

However, for the amount of Stamp Duty payable on the original (Ist) agreement, you should contact the local authorities.

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Answered on 9/08/08, 6:30 am


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