is Registration Stamp duty necessary - in specific performa
Querist :
Anonymous
(Querist) 06 December 2009
This query is : Resolved
I am holding Agreement of sale on Rs.100/- stamp paper, to buy a House Property consisting of ground + First floor, delivery of possession not given.(1st March. 2003)
I am having receipts for the payments made on different dates and no objection letter from the vendor's children, for selling the property to me. Further i have cheques of the vendor in favour of Municipal corporation and electricity department, leaving the amount and date blank duly signed by the vendor and his wife respectively. I am also holding a letter issued by the vendor dated 6th march, 2004 for part performance of the agreement for delivery of possession.
Also holding another document called Declaration executed on 17th April, 2005,on Rs.100/- stamp paper, wherein vendor stated that he was in receipt of payments as per receipts and agreed that he has delivered possession of the ground floor.
This vendor avoided registration, hence filed specific performance case.
When avoided registration, I have issued legal notice to the vendor to register the property in my favour and also deliver the first floor portion and link documents. Since he refused to receive the legal notice, i have filed this specific performance case.
During trails, all the documents are marked except, Agreement of Sale dated 1st March, 2003 and Declaration dated 17th April, 2005.
To mark these documents, Hon'ble Judge is asking to pay stamp duty as required for registration, with penalty to mark this two said documents.
According to us we have to pay stamp duty for registration at the time we get decree and get the property registered through the court and it is not necessary to pay stamp duty at this stage to mark these documents.
We want some case laws to defend our stand.
Do you have any case laws to favour our contention? Is our stand is correct???
Please give your opinion and information at the earliest - a bit urgent. Please...
A V Vishal
(Expert) 06 December 2009
An agreement for sale is a compulsary registrable document, without paying the valid stamp duty it cannot be admitted in evidence. The Hon'ble judge is right in seeking payment of stamp duty to admit the docs as evidence, hence follow him, to add more had you filed the said the docs in the preliminary stage they could have been rejected outright, but the judge has favoured you by asking to pay the stamp duty which will cure the technical lacuna.
Raj Kumar Makkad
(Expert) 06 December 2009
How shall defendant become ready to get the agreement to sale registered at this stage when the relations are constrained and both the parties are in the court against each other on the same agreement to sale? Agreement cannot be got registered and it is not required to be registered. It is liable to be exhibited as per evidence Act. Judge cannot refuse for this and if refused file revision against his order denying this document. I shall provide you relevant citations applicable in this matter.
So far as the valuation of the suit is concerned, it is to be valued on the amount of sale consideration and advolerum court fee is required to be afixed with the plaint failing which the suit can be rejected under order 7 rule 11 of cpc.
Querist :
Anonymous
(Querist) 07 December 2009
Thanks Mr. Raj Kumar ji,
I am also a senior professional from the similar dicipline.
Nice to have in touch with you, in this way.
Can you please provide case laws on the matter explained.
I my case the Hon'ble Judge is asking me to get valuation cetificate from the concerned, Sub-Registrar so that these documents are need to be valued for the purpose fo payment of stampduty under stam duty act, to mark them for evidence.
Specific performance suit is filed when the vendor has avoided to SALE DEED registration. When Once court decides in my favour then i have to pay stampduty as per the provisions of the stamp act.
I need clear provisions of law as well as case laws decided in the upper courts.
Can you please help me by providing in reply to this mail?
Querist :
Anonymous
(Querist) 07 December 2009
Thanks for your kind views, please.
I am also a senior professional from the similar dicipline.
Nice to have in touch with you, in this way.
Can you please provide case laws on the matter explained.
In my case the Hon'ble Judge is asking me to get valuation cetificate from the concerned, Sub-Registrar so that these documents are need to be valued for the purpose fo payment of stampduty under stam duty act, to mark them for evidence.
I have filed this case of Specific performance, when the vendor has avoided to SALE DEED registration.
The vendor has taken defence in specific performance case, that his signatures are forged and filed the suit for specific performance, when he (vendor) asked his tenent (Vendee)to vecate the premises.
The case is on trials. I have marked all the documents like payment Receipts of different dates, no objection letters issued by his children and bank cetificate having cleared the cheque paid to vendor for final instalment amount, and also an undertaking in a plain paper enclosing the cheques issued infovour of the electricity department signed by his wife and also cheque of the vendor duely signed for payment of the municipal charges till the date of registration, as per the terms of agreement of sale that he (vendor) has to bear all the municipal taxes, charges as well as the electricity charges till he delivers of possession of the portion occupied by the vendor, at the time of registration. The vendor has delivered ground floor possession, as a part performance of the agreement of sale. A legal notice was also published in the daily news paper in the month of april,2005, calling the objections from any general public on the registration of the property by the vendor in favour of the vendee. All These documents are marked as evidence in the case.
As i said, the vendor not thought of cheating me at that time. Hence encouraged me. Agreed to execute the registered sale deed. Because the property rate gone up abnormally, Some unsocial elements came to him and gave hopes that with their mussile power they can manage to cause threat to the vendee. The vendee insted of loosing entire amount paid will take the amount back with some additional amounts and will vanish, then they(Vendor and unsocial elements) can sell at current market price and share the difference amount. This idia caused great GREED to the vendor. He colluded with the unsocial elements. As a part of their plan the vendor during a mid night,ran away with the unsocial elements, to a place not known to me with out informing any of his(vendor's)own circle. Every one in the colony knows that the vendor sold his property to me(Vendee). So they started asking me, where this vendor has gove, has he executed sale deed and gone? not informed us in spite of long association of about 40 years and so on. The moment i came to know that the vendor is absconded i filed a specific performance case as explained above and taken cour orders restraining him from any allianation or transfer of the property to any third party and published the order in the news papers circulated in throught india in English as well as in the local daily news paper. The unsocial elements tried their level best to trouble the vendee and his family. As this vendee is a influenced person, they could not succeed. As a part of their plan they filed written satement, as per their(Unsocial element's) guidelines and denied entire transaction.
Now the so called unsocial elements vanished and the vendor was forced to vecate the premises where the unsocial elements kept him and came to his own property. Still the vendor bent upon stands on his defence. As you know he can not change his plea at this point of time indifferent to his own writen statement.
Since the vendor avoided the registration, i have no other option than filing the case for specific perfomance.
My contention is that, When Once court decides in my favour then i have to pay stampduty as per the provisions of the stamp act, to get the same registered in my favour through the same court.
There are decided case laws at the AP High court in support of my contention.
I need some more clear provisions of law as well as case laws decided in the upper courts.
Can you please help me by providing in reply to this mail?
