Scenario 1: You have decided to mortgage a property and are about to register a mortgage deed. You have paid necessary stamp duty amount however just a couple of days before registration you became aware about a clause in the mortgage deed which you cannot agree with. You discuss things the contention with your bank, they refuse to budge on the point and you decide to call off the whole thing, will you get the stamp duty amount back?
Scenario 2: You are doing good in your career and having completed the registration for the new flat were on cloud nine however developer seemed to have sold you false promises alongwith the flat. You took a stand and cancelled the agreement by registering a cancellation deed, are you eligible to get the stamp duty amount back?
The answer for both the above scenarios is a resounding YES, provided you are within the validity period.(click here to know your eligibility) It was a close call for the mortgage deed scenario though, had the person have registered the mortgage deed there was no way to get the stamp duty amount back. So does it mean that stipulations for stamp duty refund change according to the documents?
Yes, you could get your stamp duty amount back on any document/s provided that:
1. You haven’t completed the registration
2. You have a valid reason for seeking a stamp duty refund
3. You are within validity period
But what about registered documents??
A registered agreement of sale is liable for refund provided you have it cancelled by registering a cancellation deed within the validity period i.e. 5 years from the date of registration of the agreement of sale (The said validity was six months and has been changed to 5 years recently in the year of 2016 by the State government of Maharashtra).
Any other registered document besides agreement of sale is not liable for a stamp duty refund. Sorry.
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