Can notary document admitted as evidence in court of law

adv.bharat @ PUNE (Querist) 05 May 2016 This query is : Resolved
sir can notary document can be admitted as evidence in court of law.? In maharashtra state majority of people will do leave and license by Notary in order to save stamp duty and registration charges decided by state government.
e.g. rent 15k deposit 50k
If registered then 1k registration 0.9k stamp 1k online charges total 2.9k
If done by notary then 0.5k stamp 0.3 notary total expenditure 0.8k.
which process is correct?
Notary or Registration?
If any legal dispute occure then which will help client.

THanks

Follow Query

Report Abuse

P. Venu (Expert) 06 May 2016
You are practising advocate. What is the question of law involved?

Rajendra K Goyal (Expert) 06 May 2016
Author need to reply the question from the expert P. Venu.

Guest (Expert) 07 May 2016
I went deeply in Maharashtra Stamp Act few days back so from that point of view and Registration Act I ans. author query

1) Under Relevant provision of Maharashtra Stamp Act , if Stamp Duty is paid properly then document can be admitted as evidence in court of law , If stamp duty not paid then it will not be admitted as evidence in court of law

2) If you have not paid stamp duty properly then loop hole is pay stamp duty with heavy penalty and then document is admitted as evidence in court of law

3) If document is not registered still due to provision of Maharashtra Stamp Act it can be admitted as evidence in court of law if proper stamp duty is paid

4) So most important factor is Stamp Duty.

5) Additionally payment of stamp duty and registration of document this liability is placed on owner /Land lord in Maharashtra Rent Control Act 1999 .

6) Under circumstances if stamp duty is paid less pay stamp duty with penalty (License holder) and License holder can put blame on land lord or owner that he did not do registration but that is immaterial due to two laws

7) In Maharashtra Rent Control Act if person is on Leave and License and he does return premises to land lord /owner (if he is land lord owner as per law) then License holder have to pay twice the license fee as penalty in court for every month. Maximum duration for leave and license is 33 months

Guest (Expert) 07 May 2016
See Stamp duty (is form of tax). So how much stamp duty you pay that is important. Not in which form (Stamp paper/Frankling/E Stamp deposited in electronically in treasury of Government of Maharashtra)

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now