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Why Stamp Duty Payment Is Necessary?: Se Does Not Create Any Right Over The Property. However

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Why stamp duty payment is necessary?

An agreement for sale, which provides for transfer of


possession is treated as conveyance of the property which
may be agreed to be sold under the impugned agreement
as per the Amendment to the Bombay Stamp Act carried
out in the State of Maharashtra. An agreement for sale per
se does not create any right over the property. However,
when possession is to be given under the terms of the
agreement it amongst to the transfer of property. Prior to
the Amendment referred to herein above the parties use to
execute agreement for sale on a stamp paper of Rs. 100/and even after transferring the possession conveyance was
not executed. With the result, on the one hand, the
government does not get the revenue and on the other
hand, the tile of the purchaser of the property is not
perfected. As such, an agreement for sale need to be
registered being Deemed Conveyance after payment of
necessary stamp duty under Article 25 of Bombay Stamp
Act, 1958.

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