In the situation you’ve described, claiming a refund of stamp duty and registration fees depends on the specific legal provisions applicable in India. Generally, if the developer has failed to start the promised development even after five years and the case has gone to the NCLT (National Company Law Tribunal), you may have grounds to seek a refund.
The law under the Indian Registration Act provides that stamp duty is paid for the registration of documents pertaining to a property transaction. If the transaction has not been executed as per the agreement due to non-development and the developer's insolvency, you could potentially argue for a refund.
However, the process may not be straightforward. You would typically need to file an application with the relevant authority or the NCLT, showing evidence that no development has taken place and demonstrating your eligibility for a refund as per the agreements and prevailing laws.
It’s advisable to consult with a legal professional experienced in real estate and insolvency matters in India to guide you through the process and improve your chances of a successful claim. Legal intricacies often require a nuanced understanding of specific cases and applicable laws.
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Can I claim refund of Stamp Duty and Registration if no development has started even after 5 years and has gone to NCLT
MumbaiResident
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26 days
2025-05-30T10:47:12+00:00 2025-05-30T10:47:14+00:00Comment
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