Specific performance

Babu (Querist) 19 May 2017 This query is : Resolved
Hello experts,

On January 2005 I agreed to purchase a property for Rs.1,85,01,000 (Rupees One crore eighty five lakhs one thousand), This amount is entered in the sale agreement dated January 2005 which is about twice the government valuation in 2005.

The Seller terminated the contract prematurely.

A suit for specific performance was filed on April 2005 after paying 7.5% of the total consideration as stamp duty, which amounted to Rs.13,87,575 under section 47(A) of the Tamil Nadu Court Fees Act.

The case was decreed for specific performance. The suit was contested all the way to the Supreme Court.

EP was filed and the District court ordered registration of property on April 2017.

On April 2017 the Sub-registrar instructed me to pay 7% stamp duty and 1% registration charge. I paid it and registered it.

After a month of me trying to get the document released, the Sub-registrar sent me a notice stating the registered instrument is deficient in stamp duty as per present valuation, i.e year 2017 valuation.

I submitted my pleadings explaining that the stamp duty has already been paid and that it is also reflected in the decree mentioning “a court fee of Rs. 13,87,575.50 paise (7.5%) is paid there on Under section 47(A) of Tamil Nadu Court Fees Act.”.

In even mentioned that I have paid extra stamp duty of 7%. He refuses to accept it and is demanding full payment as per current valuation. He shows me his valuation on a piece of paper scribbled with pencil.

I am yet to notify the EP court.

What should I do?

Follow Query

Report Abuse

Dr J C Vashista (Expert) 21 May 2017
Court Fees, Stamp duty and Registration charges are altogether different levies for different purposes, you will have no option but to pay at appropriate point of time.

Dr J C Vashista (Expert) 21 May 2017
Same query was posted yesterday. See my response there and do not repeat again.

Guest (Expert) 21 May 2017
Agree with Dr.J.C.Vashista

Guest (Expert) 21 May 2017
Rightly Guided Please

krishna mohan (Expert) 23 May 2017
I fully endorse the views of Dr.Vashiista. Guideline value varies according to appreciation/market rates whereas the court fee is for the value of property being contested upon at that point of time. If you are not in agreement with guideline value if over priced, you can prefer appeal under Sec. 41 of Registration and when assessed by higher authorities based on ground realities you can pay and release the document. Normally Revenue authorities Special Tahsildar/Collector will have jurisdiction to decide the stamp duty value payable.