Authority: High Court of Judicature at Bombay
Order Date: 14 October 2026
Case Overview
- Petitioners: Kishorilal Kashilal Ramraika, Kusumlata Kishorilal Ramraika, Divya Kishorilal Ramraika, Neha Divya Ramraika.
- Respondents: State of Maharashtra; Chief Controlling Revenue Authority and Inspector General of Registration and Collector of Stamps, Maharashtra State, Pune; Deputy Inspector General of Registration and Deputy Collector of Stamps.
- Original composite agreement dated 8 March 2016 between the Petitioners and M/s. Marvel Asta Construction LLP for lease of a 1,858 sq m plot at Rs 1 per annum and construction of a 1,307.78 sq m residential bungalow, total consideration Rs 20.40 crore. Rs 7.5 crore had been paid by the agreement date and stamp duty of Rs 1,22,40,000 was paid on 5 March 2016 via IDBI Bank.
- Marvel Asta failed to develop the land; a deed of conveyance dated 21 December 2018 transferred the larger land to Goel Ganga Constructions and Real Estate Private Limited.
- On learning of the conveyance, the parties executed a deed of cancellation on 26 June 2019 (registered 28 June 2019, Reg. No. 12592 of 2019) involving the Petitioners, Marvel Asta, and Goel Ganga. Goel Ganga refunded Rs 7.5 crore to the Petitioners.
- The Petitioners applied for refund of the stamp duty under Section 47 of the Maharashtra Stamp Act on 16 August 2019 (online) and submitted a physical copy on 23 August 2019. The application was forwarded to Respondent No. 2 on 14 October 2019; written submissions were filed on 7 July 2020.
- Respondent No. 2 rejected the refund claim on 14 September 2020 (Mu.P.Pra. Kra. 175/2019).
- Legal issues centered on the applicability of the proviso to Section 48(1) of the Maharashtra Stamp Act, which allows a six‑month refund application period to be counted from the registration of a cancellation deed, provided the cancellation occurs within five years of the original agreement and possession has not been taken.
- The Court examined precedents (Sai Innovation, M/s. Satyam Construction) and concluded that the instrument, despite being titled “Agreement to Lease for 99 years,” was in substance an agreement for sale; the transaction failed, possession was never obtained, the cancellation deed was registered within five years, and the refund application was filed within six months of that registration.
Final Outcome
- The writ petition is allowed; the impugned order of 14 September 2020 is quashed.
- The Petitioners’ application for refund of the stamp duty of Rs 1,22,40,000 is allowed.
- Respondents must refund the amount with simple interest at 6% per annum from 16 August 2019 until payment.
- The total amount (principal plus accrued interest) must be paid within eight weeks of the judgment’s upload.
- No order as to costs.
Topics: Stamp Duty Refund, Maharashtra Stamp Act, Real Estate Transaction