Sale deed deficit stamp duty

Ashey (Querist) 01 April 2009 This query is : Resolved
We have executed 6 sale deeds in our favour from six private companies for lands at Madurai, Tamilnadu and the deeds are kept as pending documents at the registrar office.

The stamp duty paid is as per the Guideline value issued by the Registrar (received under the RTI - 20 days before execution of the sale deeds) .

The schedule property is surrounded by a compound wall and a house, build within that compound wall,in a different survey no for which we have not executed sale deed

All lands within the compound wall had the same guideline value, which was revised recently (a year back)

Sub Registrar visited the site ( field inspection) and informed that the property in the sale deed is a house site and we have to pay stamp duty which is more than 7 times what we have paid now

And he says that he is going to refer the document to Special Deputy Collector Stamps for fixing the guideline value

We have executed the sales deeds only relying on the guideline value provided by the registrar otherwise we wouldn't have executed the deeds as it would attract long term capital gains for the companies which sold the lands

Whether they are justified in converting the land to house site and claiming excess stamp duty ? If so, why they haven't fixed the guideline value as a house site at the time of making revision ?

What would be your advice to us to get out of this mess and get the sale deeds registered ?

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M. PIRAVI PERUMAL (Expert) 01 April 2009
Mr. Ashey, Can you provide me the following additional details/informations.
Whether it is nanja/punja lands ?
What is the extent/measurement of land ?
Is patta available for the same ?
If you have no objection you can provide me the survey no. and village too ?
Need all these details to give an appropriate answer to your query.

Ashey (Querist) 01 April 2009
Thanks for responding Mr. Piravi Perumal
It is a Nanja Land and patta is very much available.In fact original pattabook is with the registrar .

Ashey (Querist) 01 April 2009
with regrads to extent (in cents), there are six sale deeds

1) a)16
b)4
c)8
d)9

2) a)20
b)8

3) 18

4) a)16
b)23

5) a)28
b)7

6) 37

Ashey (Querist) 01 April 2009
total Acres 1.66 Cents. Even in the parent documents dating 1990's the survey no. has got the same extent. have no information about the survey no. right now.

adv. rajeev ( rajoo ) (Expert) 03 April 2009
In ur query it is not clear that whether the land is Non AGrl., or agrl., lands. I think when there is a flats it is NA land. Then u ll have to pay according to the stamp duty, if u have already paid insufficient stamp duty it amounts to undervaluation of the land then it will be sent to Dist., registrar for further proceedings.

sanjay singh thakur (Expert) 04 April 2009
Dear Ashey
As per information provided by you it appears that the District Registrar step is in accordance with law and you will have to pay the remaining stamp duty as well as Court fee.

Hiralal Das (Expert) 04 April 2009
Please try to follow the valuable opinions already have been given by the Ld. Memabers. I think it should be better for you to solve the matter.