banner banner

Stay Up-to-Date with Our Blogs & Articles

The texts on this website have been translated using an automated translation tool and its accuracy cannot be guaranteed. We recommend referring to the English version of the content for the most precise information. In the event of any disputes or inconsistencies, the contents in the English language shall be considered final and binding. IIFL HFL disclaims any liability or responsibility in this matter.
Go Back to Main blog page

Stamp Duty Refund Process for Cancelled Sales Deed: Rules, Charges, And Claim Application

By IIFL Home Loans | Published On Dec 28 2023 9:51 AM 1 min read 944 views 393 Likes
banner

Introduction

Did you know you could get your stamp duty refunded if your sales deed is cancelled? Yes, it is correct! According to the Stamp Duty Refund Process for cancelled Sales Deed, you can get back the money you believed was lost forever.

You can use these instructions to ensure that every cent of your hard-earned money is adequately put back in your pocket. Utilize the Stamp Duty Refund Process right now, and begin the straightforward claim application process to get your cash back!

What do you understand by Stamp duty?

In India, stamp duty is a state subject, and the rates are varied in each state. It is a tax levied on the official acceptance of documents and represents a substantial financial factor in real estate deals. The buyer must pay stamp duty at the current rates in the state where the sales deed is completed. On the other hand, the parties may be entitled to a return if the contract collapses and the sales deed is annulled.

What is the step-by-step- process of Refund of Stamp Duty and Registration Charges?

We will provide you with some instructions on how to go about getting a stamp duty refund if your sales deed is canceled:

  • Recognize the guidelines: Get acquainted with local stamp duty laws and regulations. Particular regulations in each region may govern refunds for canceled sales deeds. Understanding these guidelines is essential to a seamless refund procedure.
  • Gather the required documentation: You will probably need to provide the original sales deed, the proof of cancellation, and any other pertinent documentation to start the refund claim. Ensure that these documents are with you.
  • Ascertain applicable charges: There can be fees or penalties related to the refund procedure, depending on the details of the sales deed cancellation. These costs could be a percentage deducted from the initial stamp duty paid or administrative expenses. To determine the exact fees applicable in your situation, contact the revenue authorities.
  • File a claim application: To receive the stamp duty refund, you must file a claim application when you have obtained all the required paperwork. You may get the application form from the government website or your local revenue office. Complete the document entirely and affix any necessary supporting documentation.
  • Follow up on your claim: To ensure your request is being handled, it's critical to routinely follow up with the appropriate authorities after submitting your claim application. This can entail contacting the revenue office or seeing what's been going on with your refund online.
  • Await clearance and reimbursement: You should anticipate receiving approval for your stamp duty refund when your claim has been successfully verified. Usually, you will get the refund amount as a cheque written in your name or as a direct bank transfer.

Registration charges associated with the Refund of Sales Deed Stamp Duty

Be aware that the rules, costs, and procedures for filing a claim may vary according to your jurisdiction. While it is a good idea to receive a stamp duty refund, it is important to understand the costs and deductions that may be part of the reimbursement process:

  • Administrative Fees: Application processing fees for stamp duty refunds are levied by certain states. These fees pay for the government's administrative expenses for managing the return procedure.
  • Allowances for the Preparation of Documents: The refund amount may be reduced by the expense of preparing the original sales document.
  • Fines for Postponement: Penalties may be imposed if the application for a stamp duty refund is filed after the deadline.

Documents required for Home Loan

The lender may determine the exact needs, and the following are some frequently needed home loan documents:

  • Identification proof: This consists of a legitimate identity document from the government, like a driver's license or passport.
  • Proof of income: Pay stubs, job contracts, or tax returns are examples of the paperwork lenders will need to confirm your income.
  • Bank statements: To determine your financial stability and capacity to make mortgage payments, lenders will request to view your bank statements covering the previous three to six months.
  • Proof of assets: Documenting any additional assets you may have, such as savings accounts, properties, or investments, will help your application stand out.
  • Credit history: Credit history is a factor that lenders consider, and they might ask for a copy of your credit report.
  • Documents about the property: If you have already located a property, you might be required to submit records like the title deed, sales agreement, and property appraisal report.

Final Thoughts

A thorough awareness of state-specific regulations, fees, and the application process is necessary to successfully navigate the stamp duty refund process for canceled sales deeds. Understanding the legal ramifications of the refund of stamp duty is becoming increasingly crucial for all parties engaged in real estate transactions as they change.

For more information, visit the IIFL Home Loans website to learn about financing choices for affordable homes and house loans!

FAQs

Q1. Is stamp duty refundable if the sales deed is cancelled?

Ans. When a refund request is submitted, the property buyer can get a return of 98% of the stamp duty paid on any cancelled sales deed.

Q2. What is the maximum amount for the stamp duty refund?

Ans. Within four years of Revenue stamping the instrument (written document), the date on the stamp certificate, you must file your claim for a stamp duty refund.

Q3. Are the costs associated with registration refundable?

Ans. In this instance, registration fees are not reimbursed. Within six months of the stamp duty payment date, you may request a refund if the document still needs to be registered.

Q4. What is the sale deed's validity?

Ans. A sale agreement executed without registration is valid for three years after that date.

Q5. What distinguishes a sale deed from a deed of sale?

Ans. When the sale is not completed, an agreement of sale is usually employed. It entails the parties agreeing to the conditions of the transaction by signing a contract to sell the property. At the same time, an official legal document known as a sale deed formalizes the agreement between the buyer and seller to sell real estate.

Tags

apply loan

Quick and Hassle Free Loan Processing

green ad
Prelude to Building Green - IIFL Home Loan's Guide to Sustainable Affordable Housing
Download report

Disclaimer: The information contained in this post is for general information purposes only. IIFL Home Finance Limited (including its associates and affiliates) ("the Company") assumes no liability or responsibility for any errors or omissions in the contents of this post and under no circumstances shall the Company be liable for any damage, loss, injury or disappointment, etc. suffered by any reader. All information in this post is provided "as is", with no guarantee of completeness, accuracy, timeliness, or of the results, etc. obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability, and fitness for a particular purpose. Given the changing nature of laws, rules, and regulations, there may be delays, omissions, or inaccuracies in the information contained in this post. The information on this post is provided with the understanding that the Company is not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers. This post may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other agency or organization. This post may also contain links to external websites that are not provided or maintained by or in any way affiliated with the Company and the Company does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites. Any/ all (Home/ Loan Against Property/ Secured Business Loan/ Balance Transfer/ Home Improvement Loan/ NRI Home Loan/ Home Loan for Uniformed Services) loan product specifications and information that may be stated in this post are subject to change from time to time, readers are advised to reach out to the Company for current specifications of the said (Home/ Loan Against Property/ Secured Business Loan/ Balance Transfer/ Home Improvement Loan/ NRI Home Loan/ Home Loan for Uniformed Services) loan.