I am Y M Wadia, Sr Citizen residing at Ghatkopar (W). I seek your guidance in d following matter –
Our building & society is of 30 members. In 1976, we 30 members had purchased 30 flats together in a building having 30 flats. In those days Stamp Duty was not applicable & only agreement was made on Rs.5 stamp paper.
Today, we are 15 original members, & rest 15 new members as & when they had purchased the flat they have paid the stamp duty.
Now, our society believes that to file the papers to obtain land deemed conveyance, it is a pre-condition that all members should’ve paid Stamp Duty. So, they insist that now we 15 original members too have to pay stamp duty on flat value though we were not liable to pay it when we had purchased the flats in 1976, which I think is not correct and such cannot be the condition because one way we are not liable to pay Stamp Duty as flats had purchased in 1976 then how do we become liable to pay it now for conveyance sake? Even ready reckoner is also not available for 1976 then how can they charge us?
Society insists to take advantage of Amnesty scheme for Stamp Duty, but it is for those who had not paid it or paid it less, whereas our case is different.
The question is whether we are liable to pay Stamp Duty for conveyance sake or not, and how would they charge us under amnesty scheme in absence of ready reckoner
I C Naik
Let there be an order of Competent Authority whose order is required addressed to the Registrar of Properties for registering deemed conveyance. It is a long drawn and time consuming procedure but no options.
