• Calculation of Floor for stamp duty calculation

Hello, I purchased a office in IT park, which according to the builder is 2nd floor but actually it’s 4th floor 

As they call ground floor P2
1st floor P1
2nd floor 0
3rd floor 1st
4th floor 2nd

For the stamp duty calculation which floor it should be considered. 

Builder wants to consider it as 2nd floor but I want to be considered as 4th floor to save 33 percent stamp duty.
Asked 3 years ago in Property Law
Religion: Hindu

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8 Answers

It is third floor. Floor on ground is ground floor, floor above ground floor is first floor, floor on first floor second floor and floor on second floor is third floor.

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

Floor on the  surface of earth is ground floor, above ground floor is 1st floor, above ground floor and first floor is second floor, in same manner 3rd, 4th and 5th floor will be calculated.

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

Ground and first floor must be for parking 

 

basement parking is not counted towards floors 

 

check sanctioned plans of municipal corporation 

Ajay Sethi
Advocate, Mumbai
99807 Answers
8147 Consultations

Yours should be 3 rd floor as 2 floors are for parking 

Ajay Sethi
Advocate, Mumbai
99807 Answers
8147 Consultations

The stamp duty will be applicable as per ready reckoner value of the said property

Prashant Nayak
Advocate, Mumbai
34538 Answers
249 Consultations

- These floors are marked by the builder to save its skin from the authority for granting permission of construction, and also due to loan facility , as many banks not provide the loan on extra floors. 

- Since, you are getting the possession of the 4th floor , then if the builder is marking as 2nd floor ,then you can ask r the builder to give you the difference amount of stamp duty . 

- Actually , mostly apartment by the builder having this difference in marking the builder . 

Mohammed Shahzad
Advocate, Delhi
15819 Answers
242 Consultations

The P1 and P2 are basement floors, the ground floor shall be treated as the first floor, the 1st floor above the ground floor would be treated as second floor and so on for the purpose of calculating the stamp duty.

Thus you have purchased the property located in the third floor.

You may contact your builder to refund the excess stamp duty collected mentioning that you have been allotted the 3rd floor only and not the Second  floor. 

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

The P1 and 2 are basement floors. The floor immediately above the basement floor is considered as ground floor and the floor above is first and so on.

However for the purpose of the stamp duty the floor you have occupied would be third floor. 

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

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