ravisharma 07 July 2018

Stamp duty

We have filed case for specific performance based on agreement for sale on RS. 100 stamp paper for a land. At the stage of final hearing the respondent has raised objection that the agreement is insufficiently stamped and it should be returned to registrar for recovery of appropriate duty. 1. Can respondent raise this issue after evidence and during final hearing? 2. What remedy do I have as I have already paid a lot for this case. 3. What will be the stamp duty levied on me for such agreement in Rajasthan.

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3 Replies

Saurabh P R (Chartered Accountant) 07 July 2018

Based on the meger knowledge I possess once an evidence is admitted, the same cannot be vitiated on the grounds of deficiency as to stamp duty (re sec.34,35,58 of Maharashtra Stamp Act) except where the officer admitting the evidence (as per the law) requires the payment of deficient stamp duty (alongwith penalty if any). Consult your lawyer though.

Dr J C Vashista (Advocate) 07 July 2018

Deficiency of Court fees has to be made up before final decree and defendant can raise the objection any time during pendency of the suit.

Consult a local lawyer for Court Fees and Stamp Duty being levied in Rajashan being a state subject. However, stamp duty is different from Court Fees, check which one from amongst both is deficient?