Stamp duty and registration fee to be paid in ep proceedings ,which year rate?
Mr.LOGANATHAN.R
(Querist) 12 July 2016
This query is : Resolved
Sir,
A instituted suit for specific performance against B in 2009 and the suit was decreed in favour of A. A filed EP for execution of sale deed and the court came forward to register land on behalf of B in July 2016. Meanwhile the GUIDELINE value of the land increased(year 2012) ten fold and A is not in a position to raise such huge stamp duty and registration fee to get the land registered as on date.
Is A is bound pay stamp duty, registration fee as on the date of his suit or as on the present day?. thank you. If A can donate that land to local body / TN govt, without stamp duty?
Please guide legal position with decided cases.Thank you.
R.K Nanda
(Expert) 13 July 2016
A is to pay stamp duty on current prevalent rate.
Devajyoti Barman
(Expert) 13 July 2016
A has no option but to pay the stamp duty if he wants the decree to be executed his name.
The gift in favour of local body or for pub;ic purpose requires stamp duty as well.
Mr.LOGANATHAN.R
(Querist) 13 July 2016
Thanks to Mr.R.K.Nanda & Devajyoti Barman for your immediate reply .
Here A is genuine buyer paid nearly full amount in 2009.But B is cunning person,he sold another person even the suit is in trail.If A paid current stamp duty and regn charge that land is worthless in market value.
If left un registered B gets double gain . Can u suggest any remedy to A?
kavksatyanarayana
(Expert) 18 July 2016
On behalf of B the court will execute the sale deed in favour of A. Hence stamp duty shall be paid as on the date of execution of court sale deed. no stamp duty and registration fee is exempted and even for
gift deeds.
