I'm in a big trouble.. please help me !!!
Sudhin2218
(Querist) 07 September 2011
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 Court officials to decide stamp duty , the Court officials was asking 1 lakh 15 thousand rupees.. as a penalty and stamp duty.. the reason he said to pay that much 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. since the defendant is poor and she do not have any job and she has very less source of income (2000RS per month), Hence we requested the Court send this document to Collector (Based on s.subramanian expert opinion) under Section 38 (2) of stamp act. Court has ordered to send this document to Collector or DRO (district registrar office). Court officials sent this doc to DRO and DRO has calculated upto 7 lakh 20 thousand rupees huge amount as a penalty to pay by defendant. Now the Problem has became more bigger. I very much need your expert opinions here .
Below was the expert Opinion from s.subramanian
Expert : s.subramanian
Posted On
20 December 2010
You can request the court to impound the document and forward the same to the Stamp Duty Collecotr of the concerned Government for collection of the deficit stamp duty. There you will not be burdened with stamp duty penalty which you have to pay in the court. You can try this method to avoid the penalty.
Based on his opinion.. We requested the court to send this Document Collector. however now the Situation is Collector charged more penalty which is 7lakh 20 thousand than court decided which is 1 lakh 15 thousand.
Please need your help How can I overcome from this issue now.
Is that so.. Normally Does Collector will charge more penalty than Court ?
Is there any way ... Now Can I request court that, I will pay the penalty amount decided by court not the one collector decided?
Are there any Judgements / Law which says that Can we withdraw the marked unregistered Document?
I Very much need your Help.. To overcome from this issue.. Please Help me.
prabhakar singh
(Expert) 07 September 2011
TO ME A REPEATED QUERY AS I HAVE REPLIED YOU YESTERDAY, YOU SHOULD HAVE LOOKED TOWARDS US FORTH AFTER THE DOCUMENT WAS IMPOUNDED.WHAT PREVENTED YOU AT THEN?WAS THIS SITE NOT IN EXISTENCE AT THEN?
IT IS TOO LATE NOW ,NO COURT WOULD LIKE TO EXPOSE ITSELF IN THE MATTER OF STATE REVENUE ALREADY ASSESSED THAT TOO ON YOUR OWN PRAYER.
YOU ARE IN SOUP.
Sudhin2218
(Querist) 07 September 2011
I Agree.. This is a repetitive query. Like I mentioned earlier .. I went with the advise, which I got from Expert : s.subramanian . I Was not aware that impact going to be this much worse. Now I'm kind of feeling that .. I did wrong by putting the query in lawyersclubindia.com and got wrong advise from Expert : s.subramanian . which made me fool. Thanks for all your Help :(
prabhakar singh
(Expert) 07 September 2011
I am sorry ,i hurt you but so far i have not been able to make out a case that can take you out of this mess in circumstances and facts stated by you.
I am also looking for others view but no one is coming to rescue you .
Guest
(Expert) 07 September 2011
Dear Sudhin,
Since Collector is the highest revenue authority of the district, and also happens to a District Magistrate, it is better to contact the Collector to show mercy on your condition, as only his office would be having discretionary power to waive off or to reduce the amount of penalty. Otherwise Commissioner of the Division under which the District falls, may also probably be competent to review the appeal case.
R.Ramachandran
(Expert) 08 September 2011
Please indicate where are you located.
Sudhin2218
(Querist) 08 September 2011
In Karanataka
girish shringi
(Expert) 09 September 2011
You can pray the court,firt, whcih seems to be practical.
SEcond you can appeal to the Collector and manage it.
Third take the advice of any local advocate,(revenue).
Be practical.
Sudhin2218
(Querist) 09 September 2011
Thanks Girish .. Appreciate your Help !!
R.Ramachandran
(Expert) 13 September 2011
According to Section 35 of the Stamp Act, where any instrument is insufficiently stamped, the following are payable:
(i) the amount of deficiency in stamp; and
(ii) ten times of the amount of deficiency.
In your case, therefore, the question of charging Rs. 7.20 lakhs is simply out of question.
If you do not mind, you may send PHOTO COPY of all the papers (right from the Unregistered GPA, request made by you to the court for sending the same to Collector, the order of the court, and the letter given by the DRO's office calculating the amount of penalty at Rs. 7.20 lakhs) to me by post to my address:
R.Ramachandran
74, Third Floor
Arjun Nagar
New Delhi-110029
so that I can completely go through and give my views.
