Legal Question in Real Estate Law in India

stamp duty

i am the 3rd purchaser of the flat in 2002. The 2nd holder while purchasing the flat in 1994 had paid stamp duty of Rs 9500/-. Recently, i have received a letter from stamp duty office in the name of 2nd holder towards less payment of stamp duty towards the deal in 1994 and advised topay Rs 21000/- towards deficit of payment of stamp duty. I had approached the 2nd holder, but he refuses to pay. What should i do??


Asked on 9/30/08, 5:07 am

2 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: stamp duty

You can pay now reserving your claim against 2nd holder and claim it from him by approaching the court.

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Answered on 9/30/08, 5:32 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: stamp duty

There are two alternatives with you - (a) Ignore the letter; they can at the most "impound" the document but cannot cancel or challenge your ownership/possession. You may also write them back asking them to recover the "deficient" amount from the person in whose favour the document was registered at that time;

(b) since it is a recovery of Government dues, you may deposit and recover from the seller by filing a suit.

The second option is better to avoid any complication.

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Answered on 9/30/08, 11:06 am


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