Payment of stamp duty - in specific performance cases-reg
chand
(Querist) 03 December 2009
This query is : Resolved
I am holding Agreement of sale to buy a House Property consisting of ground+First floor, delivary of pocession not given.(1st March. 2003)
Have receipts for the payments made on different dates and no objection letter from the vendor's children. I am also holding part performance of the agreement for delivary of pocession.
Holding another document called Declaration executed on 17th April, 2005, wherein vendor stated that he was in receipt of paymnts as per receipts and agreed that he has delivered pocession of the ground floor.
This vendor avoided registration. Hence filed specific performance case.
During trails, all the documents are marked except, Agreement of Sale dated 1st March, 2003 and Declaration dated 17th April, 2005.
To mark this documents, Judge is asking to pay stamp duty with penalty to mark this two said documents.
According to us it is not necessary to pay stampduty at this stage to mark this documents.
We want some case laws to defend our stand.
Do you have any case laws to favour our contention. Is our stand is correct???
Please give your openion and information at the earlist - a bit urgent. Please...
N RAMESH.
(Expert) 03 December 2009
Affidavit of declaration and Agreement for sale has to be executed in a Rs.20/ stamp paper, irrespective of the value of sale consideration.
If not so, it is not admissible in evidence in court of law unless you pay the required stamp duty with penalty (10 time of deficit stamp duty).
Learned Judge is correct in saying that documents must be validated by paying the stamp duty with penalty before the court mark it as an exhibit. Section 35 of Stamp Act is very clear in this aspect. All the case laws are against you.
Your entire case rests on the agreement for sale.
It is not advisable to fight with the court for payment of Rs.220?
Raj Kumar Makkad
(Expert) 03 December 2009
I do agree with the opinion of ramesh.
adv. rajeev ( rajoo )
(Expert) 04 December 2009
Paying of the stamp duty depends on the possession. What is written in the agreement of sale? Whether possession is handed over to you or not, if yes and unregd., agreement of sale then it should be compulsorily registrable document u/s 34 of the Stamp Act. If possession is not handed over and you have sought for possession in the suit then regn., of AOS is not necessary only you will have to pay the court fee. What contention you have taken in your notice given to the defendant before filing the suit, it also plays vital role.
Have you produce 17th date document to the court, if produced you can avoid payment of penalty and stamp duty, unless you paid these amount to the court AOS will not be marked.
niranjan
(Expert) 04 December 2009
When sale agreement is coupled with possession,the document would not be exhibited as per sec.l7 of the Reg.Act.Even you might loose case if do not pay the stamp duty.
chand
(Querist) 05 December 2009
I am holding Agreement of sale on Rs.100/- stamp paper, to buy a House Property consisting of ground+First floor, delivary of pocession not given.(1st March. 2003)
Have receipts for the payments made on different dates and no objection letter from the vendor's children. I am also holding part performance of the agreement for delivary of pocession.
Holding another document called Declaration executed on 17th April, 2005,on Rs.100/- stamp paper, wherein vendor stated that he was in receipt of paymnts as per receipts and agreed that he has delivered pocession of the ground floor.
This vendor avoided registration. Hence filed specific performance case.
During trails, all the documents are marked except, Agreement of Sale dated 1st March, 2003 and Declaration dated 17th April, 2005.
To mark this documents, Hon'ble Judge is asking to pay stamp duty with penalty to mark this two said documents.
According to us it is not necessary to pay stampduty at this stage to mark this documents.
We want some case laws to defend our stand.
Do you have any case laws to favour our contention. Is our stand is correct???
Please give your openion and information at the earlist - a bit urgent. Please...
chand
(Querist) 05 December 2009
I am holding Agreement of sale on Rs.100/- stamp paper, to buy a House Property consisting of ground+First floor, delivary of pocession not given.(1st March. 2003)
I am having receipts for the payments made on different dates and no objection letter from the vendor's children, for seling the property to me. Further i have cheques of the vendor in favour of Municipal corporation and electricity department, leaving the amount and date blank duely signed by the vendor and his wife respectively.I am also holding a letter issued by the vendor dated 6th march, 2004 for part performance of the agreement for delivary of pocession.
Also holding another document called Declaration executed on 17th April, 2005,on Rs.100/- stamp paper, wherein vendor stated that he was in receipt of paymnts as per receipts and agreed that he has delivered pocession of the ground floor.
This vendor avoided registration. Hence filed specific performance case.
When avoided registration, I have issued legal notice to the vendor to register the property in my favour and also deliver the first floor portion and link documents. Since he refused to receive the legal notice, i have filed this specific performance case.
During trails, all the documents are marked except, Agreement of Sale dated 1st March, 2003 and Declaration dated 17th April, 2005.
To mark this documents, Hon'ble Judge is asking to pay stamp duty as required for registration, with penalty to mark this two said documents.
According to us it is not necessary to pay stampduty at this stage to mark this documents.
We want some case laws to defend our stand.
Do you have any case laws to favour our contention. Is our stand is correct???
Please give your openion and information at the earlist - a bit urgent. Please...
