Mumbai Housing Society Queries: 'As Per Rules, Stamp Duty Can Be Refunded,' Says Expert

Mumbai Housing Society Queries: 'As Per Rules, Stamp Duty Can Be Refunded,' Says Expert

The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat.

FPJ News ServiceUpdated: Monday, February 19, 2024, 11:55 AM IST
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I had finalised a house and also paid the stamp duty. However, the house owner died before signing the agreement. Now his family wants the deal to be cancelled. Can I get the refund of the stamp duty? If yes, what is the procedure?

Geet Sabharwal, Sion

As per the Maharashtra Stamp Act, 2017, stamp duty paid can be refunded in case a person whose signature is essential declines to sign or is dead before signing the agreement.

Among others, refusal to sign the agreement or fulfil the terms and conditions are the reasons where the refund can also be sought. You will have to file an online application on the website https://appl2igr.maharashtra.gov.in/refund/. It provides the facility of online data entry for refund of stamp duty or registration fee, not utilised for registration of documents.

Further, you need to prepare the application, affidavit, etc, submit the data and get the refund ID number. You are then required to submit the 'Refund Application' physically to the collector of stamps concerned for a refund and to the joint district registrar for refund of unutilised registration fee within six months from date of e-payment. You may track the status of your application online and through SMS.

Copies of the letter or orders issued by the authority can also be downloaded from the said portal. Please note that the refund will be subject to deduction of 1% of the amount of stamp duty paid (with minimum of Rs200 and maximum Rs1,000) for stamps falling under e-payment and 10% for stamps falling under other categories.

I had purchased a flat in a housing society in 2019 and submitted the transfer documents and paid the transfer fee to the managing committee instantly. However, the committee has not till date issued to me the share certificate endorsing my name and the maintenance bills are still issued in the name of the erstwhile owner. What can be done?

Prasenjit Banerjee, Powai

Bye Law 39 provides that the society cannot reject the transfer application except on the ground of noncompliance with the provisions of the MCS, rules and bye laws of the society. Your transfer application has to be disposed as per the provisions of Bye Law 63 by the secretary by presenting it before the managing committee / general body within 15 days to take a decision on the same.

Such application has to be disposed of within three months of the receipt, failing which the transfer application shall be deemed to have been accepted and the transferee shall be deemed to have been admitted as member of the society as provided in Section 22 of the MCS Act.

If any question arises with respect to your becoming a deemed member or otherwise, the same shall be decided by the registrar after giving a reasonable opportunity of being heard to all the parties concerned. Thus you may write to the registrar to seek clarity.

I am the secretary of a CHS. There was a theft in the society and some records like register of members, share certificates, etc, were stolen. What should I do?

Shashi Mankar, Parel

Every society has to maintain certain records including the register of members, active members, non-active members, register of shares, etc, as mentioned in Rule of 65 MCS Rules read with Bye Laws 141 and 142. These are mandatory and the society is required to keep a record of not only the members but also the transfer of interest title and shares of the members.

The first and foremost thing is to inform the police and file a formal complaint. You will have to inform the general body and request the members to submit their records afresh so that your society is able to gather the required details. The society will have to recreate the record on the basis of information available at hand and also by gathering the same from the members.

The format of registers to be maintained has been provided in the schedule to the MCS Rules. You may also inform the registrar about the incident and attach the copy of the complaint and seek their guidance to build the record for the previous years.

The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to fpjchs@gmail.com

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