Divya (nil) 15 December 2011

Stamp duty notice

I had paid 5% "stamp duty" in 2008 for purchase of land.

but now they have come up that you need to pay difference of stamp duty according to market value of the property..........hence they have used form 32 A for sending of notice.............

is such a thing allowed for recover difference of stamp duty...............Market Value of property can be anything....So if a person purchases a property in very less rate (could be an auction property too) Does it imply that its a compulsory that stamp duty has to be paid on marketable value & not on the amoutn mentioned in the agreement.

What legal steps can I take to challenge their notice??

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3 Replies

rahul (director) 15 December 2011

hi divya.

they can ask for diffirence as per govt circle rate. actually they know that you paid cash and deed is on less value. BUT even then you can discuss any lawyers, because once they register your property transfer, i think it can be challange.

pervez (adviser) 15 December 2011

I agree with the above.. However, see the deed, if there is any thing mentioned about this like recovery or payment of balance stamp duty.. generally, if the stamp duty issue is in dispute or had been challenged and the proper stamp duty is to be fixed / ascertained [ it happens when somebody had challanged the reasonablenss of circle rate and the matter is pending with judicial authority]... If no such issue was pending, it can not be reopened.. You can contest your case through advocate....