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Stamp duty refund and GR compliance
16-Jul-2026 (In Property Law)
In 2021, Govt of Maharashtra published GR no. TPS-1820/SR-27/CR-80/20/UD-13 dtd 14.01.2021 - 50% Fungible FSI premium reduction on the condition of paying the stamp-duty on behalf of purchasers.
I purchased flat in 2021. Later I found my sale agreement had clause mentioned as "stamp duty is paid by developer" to which he argued as a typo and facility taken on different wings. MAHARERA advised t approach competent authority.
My plaint developerto refund stamp duty and pay the same on my behalf.
you may have a valid claim to seek refund or enforcement of that contractual obligation.
I can help you examine the documents and advise the appropriate legal remedy before the competent authority or court.
Helpful?
Adv. Riddhi Pratap Bothara
Pune | 5+ Answers
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As per the Maharashtra Stamp Duty Amnesty Scheme and the applicable Government Circular, where the developer has availed the benefit under the 50% payment scheme, the developer is required to pass on the corresponding benefit to the purchasers. The Bombay High Court has also recognized that the developer cannot retain the benefit meant for purchasers in such cases. Therefore, if the developer has recovered the stamp duty amount from you despite availing the scheme, you can legally claim a refund of the excess amount paid. If the developer refuses, you may initiate appropriate legal proceedings to recover the amount along with applicable interest, subject to the facts of your case.
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Adv. Shriya Mehta
Mumbai | 5+ Answers
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