Sale agreement stamp duty 47(a)
Babu
(Querist) 18 May 2017
This query is : Resolved
Hello experts,
On January 2005 I agreed to purchase a property for Rs.1,85,01,000 (Rupees One crore eighty five lakhs one thousand), This amount is entered in the sale agreement dated January 2005 which is about twice the government valuation in 2005.
The Seller terminated the contract prematurely.
A suit for specific performance was filed on April 2005 after paying 7.5% of the total consideration as stamp duty, which amounted to Rs.13,87,575 under section 47(A) of the Tamil Nadu Court Fees Act.
The case was decreed for specific performance. The suit was contested all the way to the Supreme Court.
EP was filed and the District court ordered registration of property on April 2017.
On April 2017 the Sub-registrar instructed me to pay 7% stamp duty and 1% registration charge. I paid it and registered it.
After a month of me trying to get the document released, the Sub-registrar sent me a notice stating the registered instrument is deficient in stamp duty as per present valuation, i.e year 2017 valuation.
I submitted my pleadings explaining that the stamp duty has already been paid and that it is also reflected in the decree mentioning “a court fee of Rs. 13,87,575.50 paise (7.5%) is paid there on Under section 47(A) of Tamil Nadu Court Fees Act.”.
In even mentioned that I have paid extra stamp duty of 7%. He refuses to accept it and is demanding full payment as per current valuation. He shows me his valuation on a piece of paper scribbled with pencil.
I am yet to notify the EP court.
What should I do?
Dr J C Vashista
(Expert) 20 May 2017
Mr. Babu,
You will agree (Union/State) Court Fees Act is different from State Stamp Duty Act. Court Fees is consumed by the Court at the time of decision/order/judgment/decree of the case.
At the point/time of registration it is obvious that you are required to pay stamp duty and registration charge (through Sub-Registrar) as applicable in your case/state, which would be charged as applicable on the date of registration of document.
Guest
(Expert) 20 May 2017
Discuss in detail with the concerned Registrar Office
