Cancel of inadequate stamp duty paid registered doucment


Respected sir,

                   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.

Hence 

  1. 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.

 

                                                      Thank you!

 

 
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Advocate

1. You say that all the three of you, your father, you and your younger sister gave Registered Relinquishment Deed.  If it is really a Relinquishment Deed, the question of getting any consideration for the same does not arise.  If you expect any consideration,  then the same will fall under the category of Sale Deed and certainly not Relinquishment Deed.  Therefore please check up what you really did.

2. If any one having interest in any property Relinquishes, it means that his/her entire interest in the property is being relinquished.  There is no question of relinquishing only a portion (in this case 0.3 cents out of 5.5 cents) of the property.  Therefore, please check up.

3. Further, assuming it is a Relinquishment Deed and everything is otherwise perfect, then 1% stamp duty is correct.  Therefore, you cannot question the release deed as having been inadequately stamped.

You will not at all succeed, if you bring any Suit.


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Ramachandran sir, thank you very much for ur reply.........

 
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