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Stamp duty

Querist : Anonymous (Querist) 30 November 2021 This query is : Resolved 
dear sir/madam

I have registered sale agreement around 2 years ago and i paid the stamp duty as per market value of the property. Now when i went to registered the sale deed register asking me to pay the stamp duty on current value of the property. suggest. when i have registered or unregistered sale agreement value of property as on sale agreement payable or value of the property at the time registeration of sale is payable. kindly advise me.

Thanks
P. Venu (Expert) 30 November 2021
How is that there is a different 'market value' now? I sit 'market value' or 'fair value'?
SHIRISH PAWAR, 7738990900 (Expert) 30 November 2021
Hello,

If there is an increase in the market value of the property then you are liable to pay the stamp duty on the increased market value of the property.
Querist : Anonymous (Querist) 30 November 2021
as per guidance value i have paid the stamp duty for sale agreement. due to delay in registration of sale deed guidance value increased.
am I require to pay remaining stamp duty for sale deed as on sale agreement executed?
P. Venu (Expert) 30 November 2021
Guidance value is not absolute. If the REAL amount of consideration is less than the guidance value, you could seek remedy.
kavksatyanarayana (Expert) 30 November 2021
Where the property is situated? Usually, the Market Value or consideration (actual amount paid to the seller by the buyer) whichever is higher as per the Indian Stamp Act and instructions issued by IGR of the state from time to time. Generally, the Market values will be increased every year.
Querist : Anonymous (Querist) 30 November 2021
When govt fixed the market value how can i pay the stamp duty lesser than guidance value. However in sale deed i have ahown 1/2 of guidance value.

Here my querry is, i paid stamp duty of .1% for 25lakhs for sale agreement. Now i am registering sale deed, but, govt fixed the guidance value for that property is 50 lakhs.

Subregaitrar aaking me to pay stamp duty on 50 lakhs eventhoigh value was 25 lakhs time of sale agreement.

I am aaking that i should pay stamp duty of 25lakhs not on 50 lakhs. Beacuse when sale agreement executed guidance value was 25 lakhs.
kavksatyanarayana (Expert) 01 December 2021
What the Sub Registrar said is correct. As of the date of presentation of the document, the prevailing value as per Market Value fixed by the M.V. Committee shall be adopted. If you do not satisfy approach the court.
Dr J C Vashista (Expert) 01 December 2021
Agreement to sell has no relevance to registration of Sale Deed, which is an agreement between vendor and vendee.
Stamp duty has to be paid as per government declared "minimum" or "circle" rates, which may or may not be "market value" of the area.
Sri Vijayan.A (Expert) 03 December 2021
The maximum relief you can get is that the value of duty paid at the time of registration of agreement shall be deducted now.
Thats all


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