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Chandra Shekhar (Associate lawyer)     09 November 2010

property law

A company/developer purchased the agricultural land from farmers/land owners, and after geting the all requisite permission/s/permits from the state govt. it started developing the same. thereafter circle rate of the land (area) enhanced by the government.

Now my querries are as under.

1. In the absence of enhancment clause, can a company/developer charge such enhanced circle rate from the existing purchasers ?

2.  if any employee of the said developing company wants to purchase a plot from that land, Is it legally feasible for the company/developer to transfer the said plot in the name of its employee on the lesser value compared to circle rate? If yes, then how and under what procedure? 

Please reply to above Qs. ASAP.

Regards

Chandra Shekhar



Learning

 4 Replies

Vinod kashyap (Advocate & Legal advisor)     09 November 2010

U can't charge new circle rate from existing purchasers and also can't execute deed on less than circle rate.

Chandra Shekhar (Associate lawyer)     09 November 2010

Dear Mr. Kashyap

Thanx for ur reply but i was told by someone that when it is absolute property of the company then company can execute a sale deed in in favor of its or any one for lesser value by making a board resolution. will you please clarify such a situation.

please reply of the same.

Regards.

R.Ramachandran (Advocate)     09 November 2010

Dear Mr. Chandra Shekar,

What Mr. Vinod has said is that even though you may sell for a lesser value, yet you have to pay stamp duty on the basis of the Circle Rate, if the Circle rate happens to be the higher rate.

bhagwat patil (Property due diligence 9422773303)     09 November 2010

you have to pay circle rate irrespective to ur price.


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