We are living in Tamilnadu State. My father have ancestral property of 5.5 cent land. He have 1 son and 2 daughters.
In 2007 my father and my younger sister and me totally 3 persons are executed Relinquishment deed (Paaka pathiya viduthalai pathiram), A part of 0.3 cent land to one of my Elder sister and that documents are registered.
We are fixing the market value of the 0.3 cent land is Rs.1,31,400. So 1 person share is 1,31,400/4 is 32,850. Hence the total of 3 person share amount is 98,550. After completion of registration she did not give the entire amount to us. Still we are fighting but no use.
So we will plan to suit case against my elder sister.
At the time of Registration, The stamp duty percentage is 1% in case of family partition or family settlement in other case it will be 8% of the market value of the land.
My Elder sister paid stamp duty only 1,000 Rupees i.e (98, 550 * 1% = 985.50).
My question is:
The above deed did not come under the family partition or settlement hence 1% of the market value is wrong.
It comes under other category (Relinquishment) i.e 8% of stamp duty should be paid on the market value.
- We have file suit against My elder sister? And can we Cancel the inadequate stamp duty paid document through court?
Please kindly give your valuable solutions to me.