Co-owner and the stamp duty
Sudhin2218
(Querist) 17 June 2012
This query is : Resolved
I have a scenario, where defendant (co-owner of the property) marked the unregistered General power of attorney , since its unregistered GPA, Judge impounded the document and forwarded the document to District registrar to decide stamp duty , the district registrar did the valuation for entire property and returned the document to court saying that to pay 1 lakh 15 thousand rupees.. as a 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 (another co-owner of the same property) who gave the GPA in the year of 1994. Since defendant is a co-owner of the property, why do he need to pay the stamp duty for entire property, he just need to pay the half of the stamp duty, because he is a co-owner ...correct? Please correct me If my stand is incorrect and also pls let me know is there any act or similar Supreme court/ high court judgements which can support my Stand? Thanks in Advance!
ajay sethi
(Expert) 17 June 2012
if document has been impounded entire stamp duty on document has to be paid . the district registrar is concerned with recovery of stamp futy on under valued property and not with individual rights of coowners
Adv.R.P.Chugh
(Expert) 17 June 2012
What is the nature of the suit ? And who are the parties thereto.
Shonee Kapoor
(Expert) 17 June 2012
I am in full agreement with Ld. Sethi.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
