How to request court for a time to pay the Stamp duty and Penalty ?
Sudhin2218
(Querist) 21 December 2010
This query is : Resolved
I have a scenario, where defendant marked the unregistered General power of attorney, since its unregistered GPA, Judge 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. But now since the 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.
Y V Vishweshwar Rao
(Expert) 21 December 2010
request the Court by a Petition to Send the Document to Collector under Stamp Act for proper adjudication of Stamp duty and penalties . the Collector under Stamp act have some discretion to reduce the penalties but not stamp duty , you may get some time in this process .
Sudhin2218
(Querist) 22 December 2010
Thanks a Lot for your reply ! .. I really appreciate your help !
G. ARAVINTHAN
(Expert) 24 December 2010
The penalty amount will be 10 times of the requisite stamp duty and you have to pay the requisite duty too.
Hence 11 times the total value of the duty
