Adjudication law in lieu of stamp duty
Ravi
(Querist) 14 December 2014
This query is : Resolved
Iam a POA holder and my relative is in America and now I need to execute a sale agreement on behalf of my relative (owner of the property) wherein I have to pay adjudication charges as applicable in my state of Karnataka so my question is after I pay the adjudication charges will the purchaser have to bear the stamp duty charges again?
Kindly advice as the purchaser has informed that once the adjudication has been paid then the stamp duty charges is not payable again?
Sailesh Kumar Shah
(Expert) 14 December 2014
present poa before the district magistrate and get the same adjudicate.
ajay sethi
(Expert) 14 December 2014
adjudication charges have to be paid to determine amount of stamp duty payable on the instrument . once stamp duty has been paid no further stamp duty would be payable on the instrument
prabhakar singh
(Expert) 14 December 2014
Unless agreed otherwise 'stamp duty'payable
on a sale deed is to be paid by purchaser.
Adjudication comes into picture only when duty paid is insufficient or when one wants
duty pre ascertained before the execution of sale deed.
However it should be business of buyer.
Ravi
(Querist) 14 December 2014
Thank you all for your advice.
I Think I need to reframe my question to have a better understanding
For adjudication charges for eg.is 100/- calculated on the property value at an X percent which I have pay since Iam the POA holder. But does the purchaser have to pay the same 100 again as stamp duty?
prabhakar singh
(Expert) 14 December 2014
No is the answer,however you may recover it in cash from buyer as paying any duty with regard to sale is normally his duty.
Rajendra K Goyal
(Expert) 14 December 2014
The adjudication charges on POA is to be paid by you or the principal.
Sailesh Kumar Shah
(Expert) 14 December 2014
what do you want to adjudicate ?
if poa, proceed as per section 18.
in case of agreement, you have to follow as per section 31.
there should be very nominal adjudication charges. stamp duty in addition to be paid by the purchaser.
make inquire local.
