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Property value less than guuidance value

Querist : Anonymous (Querist) 09 August 2020 This query is : Resolved 
Namaste sir,

1) I owns a small residential site 1200 sqft at Bangalore north rural limits.
2) The property value fixed by government guidance value is Rs 22,29,600/- ( 22.296 lakhs >>> @ Rs 1858 per square feet ).
3) But present Market value is around Rs 20 lakhs.
4) Incase if i sell for Rs 20 lakhs and receive the amount through Demand draft though Government Guidance value is Rs 22,29,600/-
5) Is it ok


Please advice

Regards
Narahari
Isaac Gabriel (Expert) 10 August 2020
The perchaser will have to pay stamp duty to te guideleine value.
Dr J C Vashista (Expert) 10 August 2020
You may sell it at any price ie., even for Rs. 10 lakh, 15 lakh or 20 lakh, government shall charge stamp duty at least for minimum rate (circle rate).
Shilesh Patel (Expert) 10 August 2020
It's your choice to sell at whatever price you want.
Hemant Agarwal (Expert) 10 August 2020
1. IF you are going to capitalize the Capital Loss in your Income Tax Returns, THEN you would need to ensure to get a Market Value Certificate from a registered Property Valuer, who should speficy the prevailing market value.

2. Irrespective of above, you are entitled to Sell or Gift your property at whatever value you wish and there is no legal bar to it.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
krishna mohan (Expert) 10 August 2020
Stamp duty paid by the buyer. Seller can sell at any value and reflect in the sale deed. But, guideline value is less, you can approach the registrar to pay under section 41 as per the value of transaction and after inspection or revaluation sale deed will be released to the buyer.
Rajendra K Goyal (Expert) 10 August 2020
You can sell the property at agreed value, stamp duty has to be paid as per circle rate / guidance value or at selling rate which is higher.
kavksatyanarayana Online (Expert) 10 August 2020
The buyer can pay the consideration as per agreement between you and the buyer. But you have to pay stamp duty on the value of consideration or Government Guidelines value whichever is higher.
Querist : Anonymous (Querist) 10 August 2020
Thanks to all respected sirs
P. Venu (Expert) 11 August 2020
To my knowledge, circle/guidance value is a means to evasion of stamp duty; it is not meant to levy extra stamp duty from where the bona fide sale value less than guidance value. The respective Stamp Acts has inbuilt provisions to Take care of such situations. The Competent authority authorised to exercise its discretion where the sale value is less than the guidance/circle rate.
Rajendra K Goyal (Expert) 11 August 2020
Author,
you are welcome, may revert in case of further question on the query.
Rajendra K Goyal (Expert) 11 August 2020
Unable to agree with the advice from Ld. expert P. Venu.

Stamp fee is charged on guidance value of actual value whichever is higher.


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