Stamp duty registration
Pillai Sunil Sannu
(Querist) 03 November 2013
This query is : Resolved
Sir/Madam,
My father had purchased a House in 1982 through agreement made on stamp paper of value 5 for 25,000 rupees from the respective land owner. Later on there was a co-operative society formed we were the only member who did not become the member in the society as due to death of my father in 2006 we intend to become the member in the society but the respective chairman says that we need to pay stamp duty for the same as per present scenario. I tried to explain that stamp duty is applicable when there is transfer, sale or exchange since in my fathers case it is only inheritence from my father to mother but still he refuses and says that we have to pay stamp duty which will be three times with penalty do i need to do the same or the stamp paper of rs 5 is valid and correct and need to do only registration process with the concerned authority without paying Stamp Duty please advice.
ABDUL RAZIQUE
(Expert) 03 November 2013
according to your question your father and land owner made an agreement for sale of land but your father had not any sale deed in favor of his or his nominee name that means you are only agreement holder, so if you want to title in favour of your mother or any successor or heir of your father, it is necessary to pay a stamp duty as per fix by the registration authority.
Rs 5 stamp paper is not sufficient.
Dr J C Vashista
(Expert) 04 November 2013
Vague and incomplete information.
Stamp Act as well as Cooerative Societies Act are state subjects, so engage a local lawyer
Rajendra K Goyal
(Expert) 04 November 2013
Consult a local lawyer and show him all the documents. Sale on unregistered stamp paper of Rs. 5/- is no sale and does not confirm title.
ajay sethi
(Expert) 04 November 2013
it has to be seen what was stamp duty payable in 1982 when your father purchased property . you can submit document for adjudication to collector office . pay SD with penalty if any
ajay sethi
(Expert) 04 November 2013
who are the legal heirs to the flat ? did your father leave any will or he dided intestate ?
