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pawan arora (student)     11 January 2010

query regarding stamp duty

what is the objective of levying stamp duty and whether payment of stamp duty confers the evidence of its validity?



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 11 Replies

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     15 January 2010

Object of stamp duty to make income to the state.

//whether payment of stamp duty confers the evidence of its validity?//

Mere payment of stamp duty does not make document valid evidence, unless other conditions are complied.

In other words, payment of stamp duty eanbales its admissibility, if the document is required to be stamped.

Nali Seshu Kumar (SOCIAL WORKER)     15 January 2010

As Ramesh sirs answer is right ,the object  is to make income to the state but as per as states are concerned they are enacted supplements to the stamp acts such a situation in admitting tne documents in court proceedings the parties faced little bit of hurdles to prove thrir bonafides so it is to safe to follow  on levying the stamp duty on  act

Anil Agrawal (Retired)     09 February 2010

 To make the document admissible in a court of law, it must be registered also.

V.RAJESHWAR (Advocate)     19 February 2010

Apart from revenue generation to the State, admissiblility of the instument is also involed.

As per section 35 of the Stamp Act,  all instrument chargeable with duly are required to be stamped as per the stamp laws, else the same is inadmisible in evidence for any purpose.  Further, If any instrument is insufficiently stamped, same shall also not be admissible in evidence unless ten times the amount of proper duty or deficit portion is paid.

Rajeshwar.V

karthikeyan (lawyer)     05 March 2010

Dear Rames sir your work is very useful to us thanks a lot

Sir what is the procedure for registration of Sale Certificate issued by the Recovery officer of Bank, what is the amount of stamp duty. is there  any exemption for stamp duty.   Section 89 (2) of Reg. Act is little confusion in this aspect.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     05 March 2010

Section 17 (2) (xii) of Registration act gives exemption.

Any certificate of sale granted to the purchser of any property sold by public auction by a civil or revenue officer is exempted from compulsory registration. 

karthikeyan (lawyer)     08 March 2010

Thank you sir, is there any exemption for registration fees

Anil Agrawal (Retired)     08 March 2010

No registration is done free of charge.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     08 March 2010

Mr Karthikeyan

The law says that it is exempted from compulsory registration.

If you want to register it, you have to pay the required charge/fee

Sameer Pikle (Manager Sales)     24 March 2010

Dear Mr.N.Ramesh

Can you let me know if stamp duty of a property purchased in Pune be paid in Mumbai since the Bombay Stamps act is applicable in whole of Maharshtra.  The registration of the sale agreement i will be doing in Pune. But it would be convinient if i can pay the stamp duty in Mumbai as i am a resident of Mumbai

Please advice.

Best regards

Sameer Pikle

 

 

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     24 March 2010

Yes Samee,

Sale agreement can be entered into and can be stamped (Franked) in Mumbai or anywhere else as agreed by both parties.

But registration is to be done in registration office where the property situate, in your case chinchwad.


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