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Bhaskaran Advocate (Lawyer)     04 April 2021

Stamp duty and penalty

The case is yet to commence Evidence.  The court impounded the sale agreement and Affidavit and ordered to pay stamp duty and penalty.  It is not known if the court send the documents to dist commissioner to collect the same.

The Plaintiff now is saying that he has paid the stamp duty and penalty after the court order.

The plaintiff has not produced the proof to the defendant.   How can the defendant cross check that the Plaintiff has really paid if he has paid.



Learning

 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     04 April 2021

Hello,

Plaintiff has to produce the documents with respect to payment of stamp duty and registration charges on record in order to support his contention. In absence to any document he cannot prove that he has paid stamp duty. 

Bhaskaran Advocate (Lawyer)     04 April 2021

Thanks for reply,  Sir,  If payment is made whether the District commissioner makes the stamp on the Sale Agreement itself Just like it is made in sale deed by the Registration office.

 I want to know if I cross check the file in store room with the clerk,  if  I can find the proof of payment in the file.

Since I have filed for Rejection of Plaint I want to argue telling that he has not paid stamp duty.  I want to know this before I start argument

kavksatyanarayana (subregistrar/supdt.(retired))     04 April 2021

For validation of document impounded by the court of any public officer shall be sent to the Collector under Indian Stamp Act.  Usually, for validation of documents, the impounding officer will send them to the District Registrar concerned who is also a Collector under Indian Stamp Act, Sec.33,38(2) and 40.  Hence you can obtain the information from the District Registrar concerned.

Bhaskaran Advocate (Lawyer)     05 April 2021

Can I not verify it in the case file itself?   If it is not in case file how will the Judge know that it has been paid?


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