Refund of stamps not used for property registration

Tilak Marg Forum for Legal Questions Forums Property Law Refund of stamps not used for property registration

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    • #3877
      Anonymous
      Guest

      I had purchased certain stamps for paying towards stamp duty for registration of a property. However, now that deal has been cancelled. Can I get refund for these stamps?

    • #3883

      There are various provisions in the Indian Stamps Act, 1899, which allow refund of stamp duty under various circumstances. The main provision in this regard is Section 54 which empowers the Collector to repay the value of stamps by deducting 10% thereof, if the stamps are not needed:

      54. Allowance for stamps not required for use.—When any person is possessed of a stamp or stamps which have not been spoiled or rendered unfit or useless for the purpose intended, but for which he has no immediate use, the Collector shall repay to such person the value of such stamp or stamps in money, deducting ten naye paise for each rupee or portion of a rupee, upon such person delivering up the same to be cancelled, and proving to the Collector’s satisfaction—

      (a) that such stamp or stamps were purchased by such person with a bona fide intention to use them; and

      (b) that he has paid the full price thereof; and

      (c) that they were so purchased within the period of six months next preceding the date on which they were so delivered:

      Provided that, where the person is a licensed vendor of stamps, the Collector may, if he thinks fit, make the repayment of the sum actually paid by the vendor without any such deduction as aforesaid.”

      So, it should be possible for you to get refund of the stamps purchased by you, if you do not require the same now, after deduction as per law.

           


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