Stamp duty refund rules

Stamp duty refund required claims to be filed in 6 months from date of payment of stamp duty in most cases.

Published Tagged
Legal Stamp Papers
Mayur

Stamp Duty refund rules (this only covers stamp duty not registration charges)

Refund of stamp duty is granted on
(i) spoiled paper
(ii) blank document
(iii) document executed but afterwards found to be unfit due to some reason and
(iv) in some cases of documents executed and registered

Spoiled Paper
In case of spoiled paper or blank document whether franked or on stamp paper, refund should be claimed within six months from the date of purchase of stamp paper or franked Document.

Executed Document (printed and signed document):
In case of document executed but afterwards found to be unfit due to some valid reason, refund should be claimed within six months from the date of purchase of stamp paper or franked Document.

Executed and Registered Documents:
In case of documents which are executed and registered but for some reason physical possession of property mentioned in the Document has not been handed over to the purchaser then in that case refund should be claimed within two years from the date of document.

Registration office Belapur
Property Registration office

Procedure to claim refund:
An application for refund on a standard format should be submitted at the concerned Collector of Stamps office, along with the original document and an acknowledgement should be obtained. Subsequently one must follow up with the officer concerned for early disposal of the case.

Standard format of refund application along with checklist/formats of other papers/affidavits/power of attorney required with application is available at concerned collector of stamps office.

Refund is granted strictly as per the provisions of section 47 to 52A of The Bombay Stamp Act, 1958 and relevant rules and notification. Hence one is requested to thoroughly check about provisions, rules and notifications and treat above information only as a general guideline.

Collector of Stamps are very strict in regards to refund and a mistake in any of the refund application paper will lead to rejection of refund hence proper legal help should be availed if one is not very clear about the provisions of law.

These guidelines are for claiming stamp duty only.Registration charges are not covered here.Registration charges can also refunded.Please check the rules regarding the same.

Courtesy : DNA newspaper 12 May 2012

By Mayur

Mayur is a real estate professional based in Navi Mumbai for the past 20 years. His expertise in real estate includes every sphere of the real estate sector from legal to Building Construction to Vastu to home interiors. When it's not real estate, its either his fight against corruption or pulling focus (film making) with his NIKON D750 that keeps him busy. With over 9 million views of his pictures on Google Maps and over 1.3 crore views of his contributions, he has been designated as a Master Photographer by Google. He can be reached on 9987452642

9 comments

  1. I had booked the property and franking was done but documents were not signed as I cancelled my booking. Now it is more than six months, is it possible now to get the stamp duty refund.

  2. I have purchased a flat. stamp duty & registration is done last month, Now I want to cancel the agreement as there is some problem in my loan disbursement and register a cancellation deed can I get refund of my stamp duty?? if yes them how much in case of percentage?

    1. Yes,you can get a refund.Please approach the collector of stamps of the area where you purchased the stamp paper from.Do it as soon as possible.How much will be deducted will be told to you at the office of collector of stamps.Do it as soon as possible.

  3. I made payment of STP duty 274000 and rs 30000 for reign thru GRAS
    while doing I erred selecting stamp office and hence could not register
    Now since DEC 2013 I didt claim refund
    Could you advise which authority can be ctacted
    ramesh

    1. Have you made an agreement and registered it ? If yes,then you can cancel and claim refund within 2 years.If you did not even register,then the time limit expires in 6 months.

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