Solicitor Chirag Shah (Advocate & Solicitor) 18 December 2009

Stamp duty not paid - My Liablility to pay ..

Hello Friends ..

Kindly give me the solution in the following matter :

(1) Flat is being transferred by Sister to Brother in 1975.

(2) It is recorded on the plane peice of paper (No stamp no notery no registration)

(3) As per Brother it is family transfer and as in 1975 no stamp duty was payable in 1975.

(3) Society transfered the name of flat to the Brother in 1980

(4) Now in 2009 COLLECTOR of STAMP issues notice to BRITHER, on complaint of one of the society member to pay the stamp duty of some 1.2 lakh and penalty of 2.4 lakh as the document not properly stamped and no stamp duty is paid.

(5) I WANT TO KNOW :

(i) WHAT was the stamp duty on family Transfer in 1975.

(ii) AT what rate i awill be charged Stamp Duty.

(iii) The valuation of Property of 1975 will be considered or valuation of property of 2009 will be consided for STAMP DUTY Calculation.

(iv) How can i reduce my stamp duty bcz teh stamp duty charged to me is on the valuation of 2009.

(v) KINDLY GIVE ME THE LEGAL PROVISIONS AND CASES IF ANY.

Regards,

Chirag Shah

Reply Follow

4 Replies

Anil Agrawal (Retired) 18 December 2009

Are you a resident of Maharashtra?

Anil Agrawal (Retired) 18 December 2009

How did your sister become owner of the flat? Any sale deed between builder/society and your sister?

Solicitor Chirag Shah (Advocate & Solicitor) 21 December 2009

Yes i am resident of Maharashtra.

The property was transferred from Builder to Sister and Droom Sister to Brother.

Stamp duty is properly paid on First TRransfer.

First transfer is having no Objection or Claim.

Anil Agrawal (Retired) 21 December 2009

Every time transfer of flat takes place by way of gift/ sale or otherwise, stamp duty is payable each time. There is no one time payment like road tax.

There is no such thing as "family transfer". Collector of Stamp has the authority to impound the document and charge stamp duty, penalty and interest etc.