stamp duty and registration fee to be paid in EP proceedings by JH/Plaintiff
M.A.Mujeeb
(Querist) 29 September 2010
This query is : Resolved
Sir,
A instituted suit for specific performance against B in 1997 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 2010. Meanwhile the market value of the land increased hundred fold and A is not in a position to raise such huge stamp duty, transfer fee and registration to get the land registered as on date. Is A is bound pay stamp duty, transfer fee and registration as on the date of his suit or as on the present day. Please guide legal position with decided cases. thank you.
Sri Vijayan.A
(Expert) 30 September 2010
Though the Registering authority has a guide line to fix the value of vacant lands, he shall go with that on the cour decreed cases.
He shall collect duties and fees for the value set in the decree/ agreement.
the same value has to be setout in the sale deed also.
The registrar shall not object for this.
s.subramanian
(Expert) 03 October 2010
I disagree. The Supreme Court of India has laid down in 2008 that the stamp duty has to be collected on the basis of the market value of the property as on the date of registration even in cases where the courts have passed the decree of specific performance.
