Inadequate stamp duty paid document


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 Release 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 (Release deed) i.e 8% of stamp duty  should be paid on the market value.

Hence 

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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Lawyer in Hyderabad.wats app no.9989324294

The agreement is not admissible as evidence before the court if full stamp duty has not been paid.

The deficit stamp duty along with the applicable fine will have to be paid in order to make the agreement admissible as evidence.


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Thank you! Rama chary Rachakonda sir., 

 It is possible to cancel that release deed? For paying inadeque stamp duty along with fine is required both party Consent? and both party singnature is need?.......   Please guid me, we want to cancel that release deed. please tell  your valueable solution to me.

 
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