Penalty for unregistered document !!!
Sudhin2218
(Querist) 05 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 (Assuming Collector has powers to reduce the penalty) 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 .
My questions are ..
Is there anyway, Can we ask Court to send this Document to Collector only?
Since this document is not much important. Can we withdraw this marked document from the current case?
Thanks in advance.
prabhakar singh
(Expert) 05 September 2011
you handled it badly,on your own you allowed to go out of hands of court,how can now the court can call it back for when order of penalty already assessed ?????
Raj Kumar Makkad
(Expert) 05 September 2011
A request in writing can be made to withdraw the marked document from court which shall end all problems, if your request is accepted otherwise court shall take it seriously and you may lose the case merely on this ground.
You also assess the prospective loss, in case the suit goes against you. If coming loss is more than the present one and you otherwise have good case to win then it is advisable to deposit the penalty which stands assessed by court itself otherwise leve the case and let it be decided ex-parte.
prabhakar singh
(Expert) 05 September 2011
i think once deficiency is assessed and adjudicated unless paid a recovery as arrears of land revenue will proceed i you prefer or withdraw from relying on the document ,it has now become a revenue matter of state,apart from merit iof the case.
Chanchal Nag Chowdhury
(Expert) 05 September 2011
GPA for what? How could the deficiency in Stamp Duty be so huge? If it is for landed property, it must have been construed to be a sale & the court must have come to the finding that U have tried to evade Stamp Duty by cloaking a Sale by way of POA.
A document compulsorily registrable but not registered, cannot be acted upon.
Sudhin2218
(Querist) 05 September 2011
Thanks for your reply .. I'm getting more nervous now.. May I know.. Under what section .. can we ask Court about withdraw of marked document.. are there any supreme court or High court judgements related to this?
