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Stamp duty and Registration

(Querist) 22 February 2010 This query is : Resolved 
Under Article 43 (partition) Stamp duty Act as applicable to state of Gujarat, there is provision for family partition for stamp Duty @ 0.25% of the value subject to maximum of Rs.1 lakh upto property value of Rs.10 Crores.

I have prepared family partition deed , value of all properties under consideration is Rs.3 crore, As per registration act i have to pay registration fees @1% i.e. Rs.3 lakhs, which exceeds the stamp duty payable. My question is there any maximum limit for registration fees ? I think it is very unconstituional that registration fees exceeds stamp duty ?
B K Raghavendra Rao (Expert) 22 February 2010
When the stamp duty is maximised for partition deed, you may take that amount as the market value and pay registration charges accordingly. Better enquire in the sub-registrar's office who would have done registration of many such partition deeds.
O. Mahalakshmi (Expert) 22 February 2010
I am agree with BK Raghavendra rao.
Raj Kumar Makkad (Expert) 22 February 2010
There is no injustice as you mentioned in your quarry. If your property crosses the limit of Rs. 1 crore then definitely you shall have to pay registration charges calculated accordingly and this is a matter of procedure.


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