Dear client,
Amnesty scheme is for the purpose of Tax rebate and not stamp duty. Through declaration suit, perfect title. .
Payment of stamp duty under amnesty scheme 2019
My agreement was executed on 5/- stamp paper in 1982 for alternate accommodation of a room in chawl from tenancy right to ownership right for a flat and paid 93000/- for cost of construction. It is informed that we will need to pay stamp duty at the time of conveyance at the market price prevailing at that time in future and that too with penalty max. 400%. To avoid payment of penalty of 400% I wanted to take benefit of paying 10% under Amnesty scheme but I am told that my case does not fall under the purview of Amnesty 2019. I request guidance in the matter and an advocate who can get this work done successfully.
Asked 7 years ago in Property Law
Religion: Hindu
8 Answers
Amnesty scheme is for tax not for stamp duty. You have to file a suit before the civil court to get the title of the property and on decree of civil court you can pay duty.
Recently Maharashtra Govt announces stamp duty amnesty scheme -2019. Kindly approach before concern authority.
In absence of the Amnesty Scheme, homebuyers had to pay a penalty of 2 per cent per month and a maximum fine of 400 per cent on unpaid/deficit stamp duty from the date of execution of purchase agreement
2)stamp duty assessment will become indisputable if proper documents and evidence is submitted by the homebuyer. "However, in the absence of evidence, the homebuyer may lose out on the Amnesty Scheme's benefits,'
I dont think in 1982 stamp duty was payable
So where is the question of paying any penalty
Also even if deficit stamp duty was paid, the max penalty that has to be paid is the deficit stamp duty + 2 times of that amount
The information given to you seems to be erroneous
Also check recent judgment of Bombay High Court passed by Justice GS Patel in which it is held that if stamp duty is not payable and applicable at time of the transaction, then the stamp authority cannot demand any duty or penalty later on
See this scheme is available for next 6 months for below area
This move is aimed at allowing residents of housing societies, especially those under the Maharashtra Housing and Area Development Authority (Mhada) , the City and Industrial Development Corporation (Cidco) , the Slum Rehabilitation Authority (SRA) , to pay their pending dues and complete the deemed conveyance transaction.
Could you please give me your address that in which area you belongs, so I can look into your matter further.
if the said case falls under amnesty you can surely avail the said facility. To guide you completely will need to go through your entire documents for the same.
If your case do not fall under the amnesty scheme then you may have to look for some alternate method only or else you may write to the authorities concerned requesting to waive the penalty
You may look for an advocate from this forum too who will be capable to perform your task on their terms.
