Legal Question in Real Estate Law in India

Stamp Duty Payable on earlier Agreements !

I have bought a flat in Mumbai City, state of Maharashtra, in the country of India from a person 10 years. At the time when he was the owner the builder had charged only a nominal stamp duty amount of INR 11,400.00 from all flat owners on the Sale Agreement as there was no ready reckoner available at that time which he paid. Today, when the ready reckoner is in place I have come to know now from the Stamp Duty Department that there is pending Stamp Duty to be paid to them to the tune of INR 17,020.00 extra. My question is that after I bought the flat from him I also paid Stamp Duty plus got my flat registered in my name & paid for it also, now this additional amount which has come up who is liable to pay the pending / earlier amount of Stamp Duty, me or the earlier owner. Currently, the said flat stands in my name & is also registered duly in my name with all Stamp Duty paid as prevailing when I bought it.

Whos is liable to pay, Sir, kindly revert.


Asked on 1/30/09, 6:49 am

2 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: Stamp Duty Payable on earlier Agreements !

Earlier owner is liable.

If notice of demand of stamp duty is coming to you in the name of earlier owner, do inform the stamp authorities present address of earlier owner. Also inform them about change of ownership.

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Answered on 2/07/09, 6:24 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Stamp Duty Payable on earlier Agreements !

You may wait for a demand notice, if any, served by the concerned department for recovery of the deficient amount of court fee.

However, if there is any deficiency in court fee, you may be liable to make the payment.

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Answered on 1/30/09, 10:10 am


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