Requesting time to pay stamp duty

This query is : Resolved 
 

(Querist)
19 December 2010

Hi ,

I have a scenario, where defendant marked the unregistered General power of attorney, since its unregistered GPA Judge is asking us to pay 1 lakh 15 thousand as a stamp duty for the marked GPA, But defendant is poor and she do not have any job and she has very less source of income (2000RS per month), she(defendant) do not have that much amount (1 lakh 15 thousand)to pay immediately, please let me know, is there any provision (any supporting act or judgments) to request around 6 to 10 months time to pay the stamp duty, If so, please let me know, Thanks in advance.


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s.subramanian (Expert)
20 December 2010

You can request the court to impound the document and forward the same to the Stamp Duty Collecotr of the concerned Government for collection of the deficit stamp duty. There you will not be burdened with stamp duty penalty which you have to pay in the court. You can try this method to avoid the penalty.

M V Gupta (Expert)
20 December 2010

Dear Mr. Sudhin, it is not clear how Hon'ble court directed your client to pay the stamp duty into the court. As stated by Mr. Subramanian the court should have impounded the document and sent it to the stamp authorities to determine the stamp duty/penalty payable on the document. It is also surprising as to how the court arrived at such a huge amount of stamp duty on a GPA, which generally attracts Rs.500/- in Maharashtra if it confers powers other than developemnet rights in respect of immoveable property.

Sudhin2218 (Querist)
20 December 2010

Hi..

Sorry for the confusion.. Judge did the same.. he impounded the document and forwarded the document to stamp duty collector (clerk who sits in civil court premises, not sure whether he is stamp duty collector or not)to decide stamp duty , the stamp duty collector is asking 1 lakh 15 thousand rupees.. as a penalty and stamp duty.. the reason he said to pay that much huge amount because GPA contains an affidavit , affidavit says defendant(GPA holder) paid 1 lakh 60 thousand Rupees to the person who gave the GPA in the year of 1994. please get back to me, In case, If you have any questions, Thanks!

Sri Vijayan.A (Expert)
20 December 2010

Mr.SUDHIN,
1. Pl. Check whether GPA is compulsorily registered as per registration rules of ur state. Verify with Regn Act Sec.17,18
2. Regarding stamp duty, the amount is Rs.100 if no consideration is given. If the GPA is for a consideration, the stamp duty is 8% of consideration amount paid.
3. This is the case in TN.
4. Regarding unpaid stamp duty, pl ref sec.35 of stamp act, wherein it is stated that the penalty is ten times of duty
Please calculate the penalty amount
Thank u

Sudhin2218 (Querist)
21 December 2010

Thanks for your Kind reply, My question is since defendant's source of income is very less (2000Rs per month) Can we ask court to provide some time around 6 to 10 months to pay the stamp duty with penalty?

Sudhin2218 (Querist)
22 December 2010

Thanks All .. I really appreciate your help !



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