Document impounded for insufficient stamp duty
M Satyanarayana
(Querist) 07 January 2013
This query is : Resolved
Sir,
In my case I have not executed the sale deed nor I received sale consideration but the opposite party forged a documents of false sale deed acquiring my rights and interest on the property through forged sale deed allegedly by forged signature. Since the document is inadmissible in evidence the same is being forwarded for impoundment and correcting deficit stamp duty.
After paying deficit stamp duty by the defendants can a forged and fabricated document becomes legal to lead the evidence as if it is a original registered document. What is the evidentiary value of such documents in civil court. If ultimately it proves to be false document can the deficit stamp duty is refunded back to forged document holder. What rights or interest can be claimed from paying deficit stamp duty. What about requirements of Registration.
Please kindly advise.
MSN
adv. rajeev ( rajoo )
(Expert) 07 January 2013
After paying the stamp duty it will bw admissable, but you have said that signature is forzed, you have to prove it.
V R SHROFF
(Expert) 07 January 2013
Once you deny your sign, opp party have to prove genuineness of Doc. As it is not registered, it will not be prove, even if it is admitted. Unregistered Doc will not be exhibited. , even if he pays stamp duty
Raj Kumar Makkad
(Expert) 07 January 2013
Payment of stamp duty cannot make a forged document as legal one. It is strange whether the photograph of the seller is not taken in the office of the registrar at the time of the registration of sale deed in your State?
You lodge a police complaint immediately so that this deed may even not be produced before the civil court and do challenge it in civil court.
