Stamp Duty Muddle: Harassed Citizens cry for clarifications

STAMP DUTY MUDDLE

CITIZENS CRY FOR CLARIFICATIONS

Updated as on 24 Nov 08

P BALASUBRAMANIAN
balaiyer_2008@rediffmail.com |

FLAT AGREEMENT EXECUTED MAY 1984. CONVEYANCE DONE EARLY APRIL 1985. ONLY REGN STAMP RS 5 AFFIXED AND PAID 1.0% FEE AT REGISTRAR OFFICE AS REGISTRATION FEE.
COST OF FLAT RS.80000/- PAID REGN FEE @ 1,0% AS WAS PREVALENT AT THAT TIME. NOW CONVEYANCE DEED AND ALL OTHER SOCIETY DOCUMENTS LOST BY COMMITTT MEMBERS. I WANT TO DISPOSE MY FLAT. WHETHER I NEED TO PAY STAMP DUTY IF SO AT WHAT RATE. NEWS MEDIA NOT ONLY CONFUSED PEOPLE BUT HAMMERING FROM BACK AND TRYING TO SWAP (LIKE ATM CARD) MONEY WHATEVER THEY GET. WHERE WAS THE STAMP DUTY ACT AT THAT TIME THOUGH LAW SAYS IT IS FROM 1958. DOES ANY ONE AWARE OF THIS ACT AND IF SO HOW REGISTRAR OFFICE RELUCTANT AT THE TIME OF REGISTRATION. GRATEFUL YOUR ADVISE AND IMMEDIATELY ADVISE ME WHETHER I NEED TO PAY STAMP DUTY ENABLE ME COME OUT OF THIS JUNK STAMP DUTY ACT. SUPPOSE MY FATHER ACQUIRED WHAT IS THE REMEDIAL FOR GRAND SON BECAUSE THEY CLAIM ACT EFFECTIVE FROM 1958??

From Mumbai: Stamp Duty Muddle: Flat Owners Harassed, 2008/11/24 at 10:09 AM

K.S.RAMASWAMI
ramaswami2003@hotmail.com

I regret to state that there is no clear cut guideline those who have no document such as sale deed of flat, payment paid to seller, but only have transfer of share from seller, who is origional owner of that society piror to 04th July,1980. There were two major calamity heavy rain on 08 & 09th June 1991 and 26th & 27th July 2005, where more than 25% have lot almost all there belomgings including all papers in various socities in Mumbai & SSuburban.

Those who have lost all document there is no guideline and they may not in position to approach court un economical way to have fair deal in respect to Stamp duty for their present occupied residentiial flat. There was no build up area and only carpet was in use for assessing the value of residential flat.

I am one of the affected person residenting in Chembur(E) in approve co.op Hsg. Soc as second flat owner.

Still there are ambiquious stage how much stamp duty likely to pay in case Govt takes legal action against them, whether it is time bar claim by the state or got amended by the elected representative thro. motion and later approval from Governor through proper proceedure.

HARESH POPTANI
poptani_haresh@hotmail.com

Purchaser has to follow the rules & regulation prevailing at the the time of purchasing the flat.Whatever stamp duty was applicable at the time of purchase of flat should be paid now if it was not paid at the time of purchase of flat.
How can Maharashtra government collect the stamp duty with retrospective effect by framing a rule in the year 2008?

2008/10/19 at 11:08 AM

Nalanda
nalanda.kadam@db.com

Why should a resident suffer for the deeds of the earlier resident and be penalised

Also there is no clarity on the rule

2008/10/11

Mayank Bhagat
mayank.bhagat@edelcap.com

I hv problem of my fla, purchased in 1984, stamp duty I hv not paid any yet.

I hv not even registered my flat ( my society is registered)

Can you pls help me if you have got any clarification for how 2 pay stamp duty, if any required and how to registered my flat, if required

From Stamp Duty Muddle: Harassed Citizens cry for clarifications, 2008/10/10

Sushma Shintre

I am second purchaser of flat, I purchased flat in the year
1973 and executed agreement on Rs. 3/- Stamp paper.
My flat cost is 1,50,000/-. Conveyance of the said building is done in the year 1972 in which the name of the first owner appears. Am I liable to pay any additional stamp duty under amnesty scheme. Please advise.

From Stamp Duty Muddle: Harassed Citizens cry for clarifications, 2008/09/25 at 3:27 PM

2008/09/25 Approve | Spam | Delete

shrikant kothari
metmines@gmail.com | 59.183.241.162

dear sir,
our documents are mortage with the bank, how should i pay stamp duty & registration…….

i need a solution for this

shrikant

From Mumbai: Stamp Duty Muddle: Flat Owners Harassed, 2008/09/23 at 3:47 PM

2008/09/23 Approve | Spam | Delete

J K Pareek
jkyarn1@gmail.com | 61.17.164.19

I purchased a flat in the year 1993 for which stamp duty was paid on the basis of agreement Value. At the time of registration, the concerned department put a stamp – ” THIS DOCT. WILL NOT BE REGISTERED UNLESS PRODUCES FOLLOWING REQUIREMENTS -> 1. MARKET VALUE U/S 32A OF B. STAMP ACT AND U/S. 33 OF B. STAMP ACT.

An Order was issued by the competent authority of Govt of Maharashtra permitting for exemption under section 20 of the Urban Land (Ceiling and Regulation) Act, 1976, (33 of 1976) to the said excess land for construction of tenements as per the guidelines issued under Govt Ressolusion, Housing and Special Assistance Depaartment No. SSS-1086/2340/XIII, dated 22nd aug 1986 and No. ULC / (2806)/D.XIII dated 22nd Aug 1988.

One condition of the order was that the final selling price in case of out right purchase shall not exceed Rs. XXX and Second condion was that the flat Purchaser or his family member were not permited to sell or transfer the flat for a five year’s period from the date of completion.

These flats were constructed for the weaker section and were purchased as per normes laid down by the Exemption Order attched with the Agreement Copy. Now I have received a demand Notice from concerned deprtment asking payment for difference in (1) Stampe duty paid at the time of registration on the basis of Agreement Value and payable as per Market Value (2) Registration fee as per above (1) difference and (3) Penalty of Rs.1000/-.

Kindly suggest remedies available for weaker section as explained above for stamp duty calculation and payment.

piyush
pns_1004@yahoo.co.in

i purchased a flat in New Mumbai in september 2001 which is CIDCO tender plot for 60years leashold. individual we hav not paid any stamp duty and registration. We r the original member of society. The society has construct the building in 2002. The Lease deed of the society is register along with stamp duty. In lease deed all the original members name ll be also included. The Society issued share certificate to all members and One of the Big Financial Institution has also give loan to purchase these property without making stamp duty and registration individually. The society has issued me the share certificates. plz. advice me whether there is any exemption for such type of socity where the Lease deed has been registered and stamp duty and registration is made. Plz . give me advice whethere I ll pay stamp duty and registration for individually or not. and if not then under which section it ll be excluded. plz. advice me.

Shekhar
kantakshekhar@gmail.com

Following message is addressed to IGR & Controller Of Stamps on Sept 10, 2008.
Dear Sir,
Govt. was kind enough to extend period upto Oct 31st. However it appears due to lack of infrastructure at stamp office all citizens will not be able to seek advantage. Moreover clarifications issued by govt. on Aug 29 for relief to buyers who executed documents during 1980-85 are not being yet implemented by stamp office.Therefore such small extended period leads to many corrupt practices by paying huge amount to agents and links associated with them. Govt. should extend deadline till they find not more than 20-30 citizens makes queue on a single day. Perhaps Amnesty Scheme should be extended for an Year or so. Although Govt authorities have declared the scheme with good intentions, its implementation has generated confusion and looked by the citizens either as a election propoganda or maintaining confusion or encouraging corruption.

mahendra c. mehta
neilmed108@gmail.com

1. can the agreement be registered and stamp duty paid under general power of attorney ?
2. what is the procedure for registering tenancy agreement
signed in the year 1973.
thanks. mahendra c. mehta

From Mumbai: Stamp Duty Muddle: Flat Owners Harassed, 2008/09/11

jake
scorp1539@yahoo.com |

I want to know what is the amount of stamp duty I have to pay, if the agreement on 10/- rs. stamp paper and it is agift deed from a mother to her son. The area is 580 sq ft. built up area. It was gifted in 1989. Please reply Do I have to pay stamp Duty

From Stamp Duty Muddle: Harassed Citizens cry for clarifications,

mment Date Actions

Joe
motilal.dave@gmail.com |

I have purchased a flat in the year 1973 at the cost of Rs.37,000/ . the purchase agreement was registered soon after that in the office at old custom house situated in south bombay. the society was registered in 1976. Conveyance is not excuted by the builder. I wa nt to know whether I have to pay stamp duty and what amount?

From Mumbai: Stamp Duty Muddle: Flat Owners Harassed, 2008/09/12

Sheel
sheel148@yahoo.com

I am one of the unfortunate who bought a flat in Mumbai between 1980 & 1985. I have visited the Bandra East Amenesty scheme twice. Last month one of the officers themselves first told me that there is no amensty scheme available for the persons who purchased the flat between 1980 & 1985. Rs 5/- stamp on agreement was the requirement at that time. Last week the same gentleman officer asked me to hurry and file an application with enclosures which can not be obtained like 25 years old bank statements of the transactions, or IT teturns ( who filed returns thoase days?). Do these officers know about the state of affairs reg. stamp duty!
The agents themselves do not know but quote a fancy price of Rs 13000 to 15000 to get your instrument stamped! & they demand money upfront from the harressed flat owners. At the time of purchase of flat between 1980 to 1985 there was no proper education, awareness of conveyance of the ownership. It was required to register the instrument, if, the society is not registered. Why all of a suddent these flat buyers are to run around the offices from far off places.
Govt. must clarify fast, otherwise it shall tend to become a senseless stamp duty.

Montsa
montsa29@yahoo.com

I am in real confusion about this now

Shekhar
kantakshekhar@gmail.com

I understand from Newspaper readings that govt. has issued notification on Aug 29th to regularize documents executed between 80 – 85 as follows.
Stamp duty value is Rs.100 for flat costing below Rs.2.5 lakh. & Rs.7200 + 5% of agreement value for the cost of flat exceeding Rs.5 lakhs. Does any one finds contradiction at stamp offices visited after Sept4th on above information?
Shekhar

Shekhar
kantakshekhar@gmail.com

Govt. was kind enough to extend period upto Oct 31st. However it appears due to lack of infrastructure at stamp office all citizens will not be able to seek advantage. Even such small extended period leads to many corrupt practices by paying huge amount to agents and links associated with them. Govt. should extend deadline till they find not more than 20-30 citizens makes queue on a single day. Perhaps Amnesty Scheme should be extended for an Year or so. Otherwise intentions of govt authorities are taken for granted either as a election propoganda or maintaining confusion or encouraging corruption.

, 2008/09/07

matin22@rediffmail.com

How the hell does a person pay the dues of a former owner .

Suppose there are three owners,

1.First one A buys from Bulider say in1987 no stamp duty paid

2.He sells to another person B who after few years clears his stamp duty on amnesty scheme .

3. B sells to C the current owner who pays the stamp duty and registers the properties .
Moreover C actually shows the documentsto a nationalised bank who are advance loan

3.Now the society is held up the bulider for conveyance after 20 years

Does C have to pay the stamp duty and at what rate

Prevailing rate

or the rate at whicj A bought from builder

Please revert

, 2008/09/08

R P Roy | rproy1@gmail.com |

I had purchased a flat in 1979.
The value then was less than Rs 49000/- for this flat.
Also there was no stamp duty to be paid on it then.
Can someone advice me the correct status for this situation.
I am still resident of the flat.

Sep 2

Raja

My flat was purchased in 1979 by my mother , and by her nomination and will was transfered in my name.
Do I have to pay Stamp Duty :

From Mumbai: Stamp Duty Muddle: Flat Owners Harassed,

C J Kumar
kumarcj@gmail.com

I had purchased 875 sq. ft. flat at Bhandup East in 1994. At that time I had paid Rs.16500/- as stamp duty since the price stated in the agreement was Rs.5.25 L. After over 14 years, I have now received a demand notice from Collector of Stamps (Kurla) to pay additional stamp duty of Rs.43459/- When I approached his office I was told my file has been sent to Old Custom House office. On enquiring there I am told the file is not traceable and have been asked to come back after 15 days by which time the amnesty period will be over. The original agreement is still with the Sub-Registrar. What course of action is left to me to avoid penalty and obtain the original document duly registered.

From Mumbai: Stamp Duty Muddle: Flat Owners Harassed, 2008/08/29

Valentine
Valentinefa@rediffmail.com |

I would like to know when MHADA give property on lease for 99 yrs and builder build the flat and sell it off. Now when the person purchase the flat underconstruction and pays full amount of stamp duties and other taxes while taking the possession of flat, is he liable to pay the stamp duty again under Amnesty Scheme. If so how many times he has to pay the stamp duty. Stamp duty under Amnesty Scheme is not very clear and has made many people confusing. I would request the govt. to make clear statement to all people of india for Stamp duty under amnesty scheme. Who has to pay and who should not pay.

From Mumbai: Stamp Duty Muddle: Flat Owners Harassed, 2008/08/28

Vinay
datindho@gmail.com |

I Purchased flat in Andheri in 1976, Letter of allotment was given, stamp was not fixed as builder said we had the option of fixing stamp during conveyance; unfortunately conveyance was never done, stamp was not fixed.
Our society was registered in 1988, we have one old electricity bill of 1978 of our society, water tax assessment was done since 1972, Amnesty form alomg with file was not accepted, saying stamp is not there! Before 85, there was option of fixing stamp during conveyance, So why are we not eligible for amnesty!! and what is the Duty or Penalty they expect, if want to clear our Title.

Any Clarification or how should we proceed?
Best Regards,
Vinay.

From Stamp Duty Muddle: Harassed Citizens cry for clarifications, 2008/08/27

R Aiyar
aiyar@iitb.ac.in |

I purchased a flat in Apr 2000 in Powai from previous owner who had already paid stamp duty and registration charges on the original agreement with the builder in Feb 1993. The original of the second sale agreement was returned to me after ascertaining that the stamp duty has been paid correctly. Now in aug 2008 letter has been received in the name of the previous owner(at my present address) that a stamp duty + penallty amounting to about Rs. 20,000/- has to be paid . Since I do not know the wherabouts of the previous owner, can I ignore this letter. Moreover, there is a clause in the agreement made with the previous owner that I (purchaser) am indemnified of all dues including inadequate stamp duty/ registration in regard to the previous agreement between the seller and builder

From Stamp Duty Muddle: Harassed Citizens cry for clarifications, 2008/08/27

Uday Sane
uday.sane@rediffmail.com |

My building was built in 1970. I am the second owner who purchased the flat in 2003 after paying stamp duty at that time. I also have the original agreement dated 1970 between the builder and the first owner with me. I could not locate any five rupee stamp on it.

Do I need to pay stamp duty under amnesty scheme. ???

If a society is formed before building and flats are handed over to owner by society , is stamp duty still applicable?

is the stamp duty amnesty applicable to societies formed before 1980?

From Mumbai: Stamp Duty Muddle: Flat Owners Harassed, 2008/08/26

CJG
http://Nil | luizagracias@yahoo.co.in |

I had purchased a resale flat in Feb. 1992 after which I got it registered and paid full stamp duty as per rules. Now, everything that is published is just a mere confusion for good and honest citizens like me. It is now said that if the previous seller has not paid his stamp duty then we as a buyer are liable to pay his stamp duty on the Sale Agreement. Why have these laws cropped up only now?

Where was the Govt. and their laws prior to this? Is this the way the hard working and the middle class people get penalised for no fault of theirs. First and foremost, people sitting in the Govt. Offices are themselves confused and do not reply suitably to any of our queries.

From Mumbai: Stamp Duty Muddle: Flat Owners Harassed, 2008/08/21

viral shah
dvs0111@gmail.com |

i have purchased flat as on 1979 in malad east area having agreement value rs 55000. shall i have to pay stamp duty , if yes how much under amensty scheme.

From Mumbai: Stamp Duty Muddle: Flat Owners Harassed, 2008/08/21

K.K.Mani
kkmani48@hotmail.com |

I purchased a flat ( a registered coop housing society) as a member in Malad in 1977,society registered in 1972.Since no stamp duty was required for transactions before Dec,1985, we have only the original share certificate issued in my name.I am occupying the flat since 1977.

Is it necessary to pay any stamp duty now.What will be the amount ?Kindly clarify.The purchase price was only Rs.30,000/-at that time.
Mani K.K

From Mumbai: Stamp Duty Muddle : need for many clarifications, 2008/08/20

Nitin Basrur
nbasrur@hotmail.com |

In 1994, my father submitted the 2 sale agreements of his flat (he is the 2nd owner) under the Amnesty Scheme floated in 1994 to the Pune office of the Deptt. of Stamps and Registration, Govt. of Maharashtra. Accordingly, he was issued 2 letters (one for each Agreement), in Marathi by the Deptt., stating that the Stamp Duty (Rs 5/- Stamp on the Agreements) is OK, and that the matter is closed, and to collect the Agreements. So, we collected our Agreements and did nothing more, assuming that nothing more needs to be done.

The Deptt. never said that we should then register the Agreements, which have remained unregistered till date. I still have the Deptt’s letters with me. Now, we are hearing something different. There is utter confusion in this matter.- Nitin Basrur, Pune.

From Mumbai: Stamp Duty Muddle: Flat Owners Harassed, 2008/08/20

S.R.Kantak
kantakshekhar@gmail.com |

IGR-Pune notification dtd 10/08/06 issued to stamp suprintendant Mumbai was shown to people when people went for taking advantage of amnesty scheme. In this notification it is stated that “agreement prior to 10/12/1985 is considered properly stamped under the Article 5(h).

However it must be noted that when ever you proceed to procure the conveyance you would be liable to pay the full stamp duty on the current market value of your property as applicable under the rules”

Now the point is Housing Association who made great propoganda of scheme has never guided people through their any publication even as latest upto July 2008. They simply took stand many people were not aware of this notification.

Therefore I have a feling that propoganda may be an instrument for gaining just popularity for future hidden gains.
Shekhar

From Mumbai: Stamp Duty Muddle: Flat Owners Harassed, 2008/08/19

10 Responses

  1. MY FATHER HAD PURCHASED A FLAT IN 1977 FOR RS. 70000/- IN SECOND SALE, THERE WAS NO AGREEMENT BETWEEN US AND SELLER & ALSO THERE WAS NO AGREEMENT BETWEEN BUILDER & THE 1 ST PURCHASER AS BUILDER HAS MADE A SOCIETY AND GAVE A FLAT. WE HAVE TAKEN SIGNATURE FROM SELLER ON PAPER STATING THAT FLAT SELLING TO US AND ON THE BASIS OF THAT SOCIETY HAS TRANSFER THE SHARE CERTIFICATE ON MY FATHER’S NAME NOW MY QUESTION IS SHOULD WE LIABLE TO PAY STAMPDUTY & REGISTRATION & IF YES ON WHAT BASIS WE PAY THE STAMPDUTY?.

  2. I have own a flat at Dombivali , I have lost the original copies of registration agreement. What is the procedure to make legal duplicate copy of the same?

  3. Hi,

    We have our flat in bhandup.mumbai .Last year in 2008-09 when govt. relaxed the stamp duty charges our society members rushed to a lawyer for getting it done.The stamp duty registration of the society was not done by the builder when occupants got the possession and formed the society later.so it was left to society members to get it done individually.

    We also submitted the documents to lawyer asked by him who processed it and we gave him two cheques amounting to total 30000 rs/.Over and above his fees was 5000 rs for his services.Now he is asking additional 10000 rs from us to return the documents and stamp duty filed papers.what should we do? can we get the stamp duty registration papers in duplicate from some office?where should we approach? we only have the proof of bank statement of cheques numbers which got cleared from account.

    Pls help.

  4. i have purchased residential flat in vasai in 1993 , at that time we have neither made registration of flat nor stamp duty paid. I have one news paper article of that time in which it is mentioned that stamp duty need not necessarily be paid. now we are planning to sell that flat. whether we face any difficulty in selling that flat because of above reason? kindly any one can help me out on this matter.

  5. i have purchased residential flat in vasai in 1993 , at that time we have neither made registration of flat nor stamp duty paid. I have one news paper article of that time in which it is mentioned that stamp duty need not necessarily be paid. now we are planning to sell that flat. whether we face any difficulty in selling that flat because of above reason? kindly any one can help me out on this matter. Please.

  6. my dad had bought a flat in mumbai in 1984 in mumbai with 5 rs stamp sale of agreement,am i liable to register that agreemnt and pay stamp duty in todays prevailing rate .kindly clarify urgently.

  7. My parents have purchased the flat in march 1980. I do have the required document however have not paid stamp duty as it was not required. Can u pls let me know whether I have to pay the stamp duty or not. Also will like to know whether the SOCIETY can pay the stamp duty on my behalf. Kindly advice.

  8. Flat was purchased in june 1991.Prevailing stamp duty was paid and sale deed was registered.I have received notice from mhada to pay rs 22000/- stamp duty under amnesty 2008 which i have not paid yet. Now my problem is my original sale deed is with mhada ‘s office at bkc. i visited mhada’s office at least for 10 times.Their reply is my original sale deed is not traceable..I am ready to pay rs. 22000/- stamp duty. But i want my sale deed. Please guide me what to do?

  9. […] Submitted on 2012/08/02 at 3:59 pm […]

  10. i paid stamp duty for my flat in 1995 but did not register it.
    now the society wants to go for conveyance.but registration
    is now barred under supreme court order.what is to be done now by the society.

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