Bombay High Court: Stamp Duty Cannot be Charged on Resale of Old Properties - Synopsis
Team SoOLEGAL 19 Jul 2021

The Hon’ble High Court in its recent verdict in Lajwanti G. Godhwani and Anr v. Shyam R. Godhwani 2017 SCC OnLine Bom 9904 has put an end to the age-long practise of collecting stamp duty on selling of old properties retrospectively, which has come as a huge relief to resale home buyers. The Court also declined to impose a harsh penalty for previous sale agreements that were later found to be improperly stamped or unregistered.

The court also determined that the antecedent document serves only to trace the history of the property's title and does not effectuate a transfer. While deciding the dispute, Justice Gautam Patel took an appropriate stance, holding that the stamp duty is attracted by the instrument, not the underlying transaction or the historical narrative in the instrument.


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