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sreevichin (head)     11 January 2013

Rectification of sale deed

What is the stamp duty payable in case of rectication sale deed i, if the rectification is with respect to the land area.  stamp duty paid for 1200 sq ft, erraneously mentioned as 1000 sqft by mistake. is the stamp duty for duty for rectification deed is 200 sqft at present value. correct me



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 4 Replies

K. GOPALAKRISHNAN (ADVOCATE)     11 January 2013

Dear Sreevichin,

stamp duty for rectification deed will be calculated as follows:

Total Sq.ft x Guideline value (Present Value) minus Total Sq.ft x Guideline value (value at the time registration) x __% stamp duty as applicable to your State

Plus

Total Sq.ft x Guideline value (Present Value) minus Total Sq.ft x Guideline value (value at the time registration) x __% Registration as applicable to your State.

In the above case, you will be paying present value for 200 sq.ft which is to be rectified Plus Difference amount for 1000 sq.ft which you have written in the principal document.

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sreevichin (head)     12 January 2013

sir, The question has arisen, because the builder has unintentionally retained some uds(undivided share of land) in the apartment , 20 years before when the flat was constructed, and now we have to reconstruct, the uds of the builder is not reprsented by any flat in the complex, can the builder unscrupulously retain such uds without representation in the form of flat, doesit not amount to unfair trade practice, can we approach the The association of builders for remedy or the government legal system . there are not scope for rebuilding the apartment by the original builder  , to accomodate the original builder in the new development.

Bharatkumar (ADVOCATE )     12 January 2013

yes u pay stamp duty of 1200 sq.ft so u can not pay additional stamp duty in rectification deed and make a rectification deed on Rs. 100/- Stamp but u write and clearity that  u paid  stamp duty as per 1200 sq.ft but write 1000 sq.ft on original deed and u attach a plan pass copy or possession letter of 1200 sq.ft in this rectification deed and registered deed.

Kamlesh (Startup)     27 January 2015

Sir,

I have a small query regarding rectification deed in property document. Please advise

We have a residential property land in Chennai, Tamil Nadu. There is slight error in schedule describing the boundaries of the house, which was brought to our notice recently. We are planning to rectify the mistake legally.

The sale deed was registered in Chennai Registrar office in the year 2010 at some xxx guideline value as defined by TN Govt.

We were told by some people that, if we are filing rectification deed now, we also have to pay the difference in guideline value of property from 2010 till 2015, along with stamp duty fees and charges for Rectification deed.

 

Please advise,

 

Thanks,

Kamlesh


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