How to Get Refund of Stamp Duty Paid in Maharashtra?

Hi, Buddy

Is it possible to get a stamp duty refund Maharashtra? Yes, it is possible. Read on to learn more about the process of how to get refund of stamp duty paid in Maharashtra. If you are purchasing a property, you may be obliged to pay stamp duty, which may be a percentage of the entire value of the property or a fixed amount. 

You will also be required to pay registration fees in order to complete a property transaction. The respective state governments set the registration fees and stamp duty rates. As a result, stamp duty refund regulations varied from one state to the next. 

The Maharashtra government allows you to obtain a stamp duty refund within 6 months of the registration date, this is the  stamp duty refund time period Maharashtra, and the government may withhold 1% of the stamp duty, with a minimum of Rs.200 and a maximum of Rs.1000. If the deal was cancelled, you can get a refund for up to two years from the date of registration.

In the event that the seller fails to keep his commitments and fails to deliver the property on time, the refund is approved. Furthermore, the reimbursement will be granted only if the cancellation agreement is legally recorded. The buyer is entitled to a reimbursement of up to 98 percent of the stamp duty paid. The refund application must be submitted with the original registered cancellation deed and original registered agreement. In any case, the Buyers will not be reimbursed for their registration expenses.

I think I have clarified to you in this answer about how to get stamp duty refund Maharashtra.

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Many people ask what is the Stamp Duty Refund process but many of them don't even know what it is exactly. So let me answer it in brief and then the rest. Stamp Duty is the tax that is imposed by the government on some legal documents, especially on documents relating to transfer of property. One can get their Stamp Duty refunded if the claim is made within 6 months but do know that about 10% of the uty fee paid gets deducted.

Can Stamp Duty be Refunded?

Yes. The buyer is eligible to get up to 98% of the stamp duty as a refund. So if you are still searching for the answer of how to get refund of Stamp Duty in Maharashtra, let me tell you what documents are required for it first. You will need to have the:

• Original agreement

• Original cancellation Deed

• Cancellation agreement that has been registered

Note that the buyer also needs to state why he is exiting from the deal. Within 15 days you must get the refund.

You won’t get the registration fee back but try to get the Stamp Duty fee as soon as you can.

So just apply to the District Collector/ Sub Collector/ Deputy Collector/ R.D.O/ Tehsildar under Section 2(9) of Indian Stamp Act, (I. S. Act) through the sub Registrar mentioning why you want the refund. 

I hope the Stamp Duty Refund process is now clear to you.

The stamp duty refund after 12 months will be subject to the conditions of the agreement. Usually, the period for claiming a refund of stamps is 6 months from the date of purchase, abiding by the conditions as per Chapter V of the Bombay Stamp Act, 1958. But yes, one must follow the stamp duty refund rules and claim a refund. 

When can one claim a stamp duty refund?

One can claim stamp duty refund if

• The person has paid excess stamp duty or penalty

• For un-used or spoiled stamp papers

• Cancellation of a document where judicial stamp paper is required but non-judicial used or vice-versa

• As per the court order, stamp duty refund

• If the stamp duty has been deducted two times on the same amount

• Paid online stamp duty to different departments or heads

• Due to the cancellation of the agreement with the other party

So these are the stamp duty return guidance you need to follow. 

Can the application of refund of stamp duty be done within 2 years?

The application for a refund of stamp duty can be made within 2 years from the date the execution of the sale agreement is cancelled by a separate deed of cancellation by recording the facts for cancellation on the ground of any dispute. It will be better if you consult with a legal expert to get the exact details.

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Hello, I recently paid stamp duty for a 2 BHK in Virar, Mumbai. However, I later found out that the seller had been convicted as a criminal and was serving his period in jail. I was both angry and confused as I wanted a refund of the stamp duty. I came across another person who had booked a flat in the project. He told me about the stamp duty refund process in Maharashtra.

Let me share the process through which you can avail refund as well. Kindly keep reading to find out.

Stamp duty refund rules Maharashtra

Here are the rules to avail refund on stamp duty.

1. The seller has gone bankrupt.

2. The seller has been proven guilty of a punishable offence with jail time exceeding three months or a heavy penalty.

3. The seller holds no authority or power to sell.

4. Either of the parties or both of them have undergone a change in motives. This is with respect to their objectives before the signing of the agreement. 

5. Non-performance by either the buyer or the seller.

Refund of stamp duty and registration charges

1. Visit the official

   website

   of the Department of Registration and Stamps, Government of Maharashtra

2. Find the refund application form on the website and fill it out.

3. You can download the acknowledgement as it provides the details that have been filled in the refund application form.

4. You are required to submit the necessary documents physically in the Collector of Stamps office.

5. The Collector of Stamps will process the application.

6. You can check the status of your application online.

This is the complete stamp duty refund process in Maharashtra

As mentioned above by Arpita, the buyer is eligible for a 98% refund that was paid for the stamp duty. However, there is no provision for refunding the registration charges. 

I hope this helps you with the refund of stamp duty Maharashtra.