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D.Das (VP)     21 May 2016

Stamp duty

What is the impact in the court of law if stamp duty is insufficient in Agreement to Sale?



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 5 Replies

Amit Kumar Deb Joardar   21 May 2016

Since instruments on insufficient stamp duty could not be registered, they cannot be inforcable by court of law. But certainly such instruments can be use to prove intention of the executor.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     21 May 2016

The High Court has found discrimination in the powers vested with the Civil Courts and the Deputy Commissioners (under section 34 and 39 of the Act respectively) for levying penalty in cases of insufficient payment of stamp duty.

G.L.N. Prasad (Retired employee.)     22 May 2016

In other words, you can pay the fee and penalty and can make the document valid.  Hope your advocate can guide you as to how to get it duly stamped.

T. Kalaiselvan, Advocate (Advocate)     27 May 2016

If the sale agreement is a registered document then you may be asked to pay the deficit stamp duty by the court to enforce the document.

D.Das (VP)     27 May 2016

Thanks, everyone!

 


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