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Should stamp duty be paid again


05-May-2023 (In Property Law)
If there's a clause in the Perpetual Lease agreement that the sale deed will be executed after 12 years and the sale consideration has already been paid at the time of execution of lease agreement, tShen should the stamp duty of the immovable property be paid again at this later date when the sale deed is being executed?
Answers (3)

Answer #1
590 votes
Sir

"Yes you need to pay the stamp duty once against. In case if the Lease deed is registered and on the date of registration of the lease deed if the amount is paid, then now at the time of registration of the sale deed, while paying the stamp duty, the amount will be deducted ( if earlier Paid).

Here you need to pay the stamp duty once again to the present valuation.
Answer #2
622 votes
sir, it is an admitted fact that the sale deed will be executed after 12 years. First time, the lease agreement was made. The stamp duty which was paid in respect of lease agreement only. Now, if go for sale registration, the stamp duty has to pay as per the present stamp act.
Answer #3
664 votes
What kind of agreement it is ? why one has to execute agreement after 12 years, why you have paid full consideration amount who told you to pay it. Who is under the possession of property If you are in possession of property uninterruptedly for 12 years then you can claim it under adverse possession. Whatever your way of entering into agreement and time clause mentioned is not proper. You have to pay the stamp duty.

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