Hakka sod patra
UMESH KENE
(Querist) 28 February 2012
This query is : Resolved
Is it mandatory to register Hakka Sod Patra under Indian Registration Act?
If Yes , under which section ?
If Yes , what will be the registration fees?
If Yes, whether stamp duty is also to be paid?
what is amount of stamp duty or rate in case of Hakka Sod patra?
Raj Kumar Makkad
(Expert) 28 February 2012
Yes, this is mandatory to be registered under section 32 of Indian Registration Act which is reproduced as under:
32. Persons to present documents for registration.- Except in the cases mentioned in 1[ sections 31, 88 and 89], every document to be registered under this Act, whether such registration be compulsory or optional, shall be presented at the proper registration- office,--
(a) by some person executing or claiming under the same, or, in the case of a copy of a decree or order, claiming under the decree or order, or
(b) by the representative or assign of such person, or
(c) by the agent of such person, representative or assign, duly authorized by power- of- attorney executed and authenticated in manner hereinafter mentioned.
PERSON WHO HOLD POA IS CALLED AGENT OF VENDOR.CAN SOMEBODY EXPLAIN ME WHO R REPRESENTITVE OR ASSIGN.TO WHOM THEY REPRESENT.
LAST QUESTION IF DOCUMENT NOT REGD DUE TO WANT OF POA AND VENDEE IS APPLYING AGAIN TAKING BENIFIT OF EXTENSION OF TIME U/S 23A OF ACT.WHETHER THERE WILL BE PENALTY IF 4 MONTHS ARE PASSED.AND WHO WILL PAY THIS PENALTY IF ANSWER IS YES.
Registration fee depends from State to State and area to area.
Amount of stamp duty also depends upon State to State, area to area etc.
UMESH KENE
(Querist) 29 February 2012
Sir,
Thanks for valuable time for going through my query.
Sec 32 also speaks about special power of attorney. It says a person who holds special power of attorney can register a document.But the general power of attorney can not do so.
As far as Hakka sod Patra(Relinquishment Deed) is concerned, is it necessary to pay stamp duty? Suppose we pay only registration fees & not stamp duty will it be valid ?
Is there any difference between between normal registration of property in case of transfer & Hakka Sod Patra?
If yes, will the amount of stamp duty / restration fees will vary in both case ?
Please Justify with case law & section reference.
prabhakar singh
(Expert) 29 February 2012
you are advised to visit sub registrar office as stamp duty is collected by states which does vary from state to state.
Shonee Kapoor
(Expert) 29 February 2012
Thanks for making me wiser, Ld. Makkad.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
UMESH KENE
(Querist) 01 March 2012
Dear Sir,
I have come to knowledge that in case of Hakka Sod Patra, no stamp duty is payable in case of blood relationship in some states.
Is this correct?
If yes, is it exempt in the state of Maharashtra in case of blood relationship to pay stamp duty?
Please advise.
