Stamp duty - deed of apartment in tamilnadu
sreevichin
(Querist) 25 February 2013
This query is : Resolved
Section 11 of Tamilnadu Apartment ownership act 1994 says The deed of apartment shall be deemed to be document of which registration is compulsory. Now sub Registrar as per 11(2) is required to register as per sec 51 of Registration Act 1908.form of deed of apartment is given in Rules for the above act. point no 13 of form says That for the purpose of registration fee to be imposed on registration of this deed RS 5 per sq mt of land and 10 per sq mt of building is to paid to COMPETENT AUTHORITY.
When I presented the deed of apartment , sub registrar said we have no direction, and so far i have not registerd any such deed in my so many years as sub registrar.
Why is this , is registration fee on registration payable to competent authority, then what is the stamp duty. Section 11 specifically talks registration as per Registration act 1908 , then why is the word "paid to competant authority" used in rules .
He asked me approach the Inspector General of stamps for clarification. and he also added if u want you can submit the document for registration supposing if 7 or 8 % stamp duty is imposed you will have to pay and no other option.you cannot cancel the document submitted . No title is intended to be transferred by way of this deed of apartment. Can Government authorities or legal professional clarify this point
ajay sethi
(Expert) 25 February 2013
submit document for registration since registration is compulsory . give an undertaking to pay stamp duty determined by the inspector general of stamps .
Rajeev Kumar
(Expert) 25 February 2013
Agree with Ajay in the light of given fact.
R.K Nanda
(Expert) 25 February 2013
no more to add.
Raj Kumar Makkad
(Expert) 28 February 2013
I also endorse the advice of experts.