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How to correct the wrong stamp duty already paid ?


04-Feb-2023 (In Documentation Law)
I have paid Stamp Duty to State Government instead of Central Government in case of Share Transfer. Now Suggest me what would be the procedure to correct this. Thanks.
Answers (1)

Answer #1
695 votes
Execution of property documents is a complex process. Sometimes, a mistake can happen in the process of execution of a document. It is always advisable to get the mistake rectified at the earliest. It may create a major problem at a later stage.
There are different kinds of mistakes possible. For example, there could be an error in facts such as area of the property, its dimensions, the location of the property, survey numbers, names of the owners or the transferors, or the consideration amount. These may be typo errors or because of improper comparison with the property documents such as the transfer deed, sale deed, title deed, revenue records etc. These errors can be rectified by execution of a supplementary document called rectification deed. A rectification deed is a document executed between parties to correct mistakes.
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Is it in any ruling
Sudhir Kumar Sinha
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There must have been a bonafide mistake whereby the original deed does not reflect the true intention of parties towards the deed.The mistake should pertain to facts only. The parties to the agreement must agree to modify the original agreement by addition, deletion, or rectification of any terms referred to in the already executed deed. The parties need to bring the correction into a duly executed document. Further, they need to pay the requisite stamp duty in order to get it registered with the specified authority.
A rectification deed should be executed after mutual consent of all the parties to the main deed. All parties to the original deed should jointly execute the rectification deed as well.In case the original deed is registered, the rectification deed should also be registered. The requisite stamp duty and registration charges should be paid as per the laws in force in the State. For errors such as spelling mistakes, the stamp duty and registration charges are Rs 100 each. In case a rectification deed relates to the area, names of the parties, or extent of the property, the stamp duty and registration charges as applicable to a conveyance deed are payable.

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