Stamp act
basavaraj shiromani
(Querist) 05 November 2012
This query is : Resolved
A suit is filed based on an unregistered agreement of sale. Court directed to pay the deficit stamp duty. Accordingly deficit stamp duty is paid along with the penalty.
My question is whether, even after paying the deficit stamp duty along with penalty in the court, still registration of the document is necessary ?
Arvind Singh Chauhan
(Expert) 05 November 2012
Shiromani Sir ! Don't you think that such direction of court is unusual. Court should not ask any party to correct his legal mistake or to pay penalty except imposed by court.
In my opinion Court has no concern with deficit stamp it is the subject matter of administration. Court has to see that improperly stamped deed is legal and valid or not ?
Legal value of registered or unregistered deed is another thing.
If I file a suit with a PAO having not proper stamp value. Court will not say that first affix the proper stamp and correct the POA. It will simply dismiss or return the suit, for the reason that POA is not valid.
Devajyoti Barman
(Expert) 05 November 2012
This is called impounding of a document for the purpose of payment of stamp duty.
Since it is done to fill the state coffer , you need not pay the stamp duty again while registering the document.
JANAK RAJ VATSA
(Expert) 06 November 2012
nothing to add to the advice by ld barman ji
Raj Kumar Makkad
(Expert) 01 December 2012
I also do agree with above noted experts.
