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Stamp act

(Querist) 16 April 2015 This query is : Resolved 

Dear Experts,

Land & building was purchased under a registered sale deed in Tamil Nadu. Stamp duty was paid on the valuation declared by the parties to the document. There after based on internal audit the Sub Registrar demanded additional stamp duty based on the valuation determined by the internal audit team. The Buyer paid the stamp duty without challenging the revised valuation. Now it has been 15 months since the transaction. Is there any way to challenge the valuation determined by the Sub registrar and obtain any relief. (now it transpires that the valuation determined by the Sub-Registrar was arbitrary and way above the guide line value fixed by the Government, But as the buyer was in a situation to deposit the title deeds with a financial institution, he paid the stamp duty on the value determined by the Sub-Registrar. Is there any avenue open to the Buyer now to obtain any relief,
malipeddi jaggarao (Expert) 17 April 2015
You are representing whom? Buyer? If so, when a document was already registered and additional demand for stamp duty is made, then and there only it should have been contested. After paying the additional stamp duty, what relief the buyer can search for? Better forget.
Rajendra K Goyal (Expert) 17 April 2015
Availability of any relief at present seems impossible.
G.Padmanabhan (Querist) 18 April 2015
Thanks for opinion, Jaggaraoji & Goyalji
T. Kalaiselvan, Advocate (Expert) 24 April 2015
If the registrar demanded the excess stamp duty, you could have paid it under protest by giving a letter in writing to that effect, whereas you kept quite then and now as an after thought you want to kindle the diminished issue. What is the reason that makes you think that the registrar' decision determining the valuation was arbitrary and above the guide line value fixed by government?, if you have strong reason with evidence to prove his arbitrariness, you may first issue notice seeking the desired relief and then think of further legal course of action.


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