Legal Question in Real Estate Law in India

Dear Experts,

Can Mr. Y get an exemption of stamp duty in below given case?

Mr. X bought a propery (house) and registered same then He want to sale same within 6 months of registration.

Mr. Y is interested to buy the same property, then in this case can Mr. Y get an exemption of stamp duty at the time of registration in his own name within 6 months from earlier (Mr. X's) registration.

Because the stamp duty was already paid on same property by Mr. X at the time of his own purchase.

(Property Situated in Maharashtra, Mumbai)

Pls reply with any provision/ sec. if any.

Thanks in adv.


Asked on 3/20/13, 2:38 am

2 Answers from Attorneys

Jayesh Desai Jayesh Desai

Can Mr. Y get an exemption of stamp duty in below given case?

Mr. X bought a propery (house) and registered same then He want to sale same within 6 months of registration.

No.

Mr. Y is interested to buy the same property, then in this case can Mr. Y get an exemption of stamp duty at the time of registration in his own name within 6 months from earlier (Mr. X's) registration.

Because the stamp duty was already paid on same property by Mr. X at the time of his own purchase.

No.

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Answered on 9/06/13, 2:42 am
Shrichand Nahar S.V.Nahar, Advocate

Check local stamp laws applicable and act accordingly.

In Maharashtra, there is a provision for credit of stamp duty paid by an investor for purchase of flat/unit. See Article 5 of Maharashtra Stamp Act.

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Answered on 10/14/13, 1:25 am


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