Stamp duty required after probate of getting propert
manish
(Querist) 29 May 2017
This query is : Resolved
I have purchased a house in Kolkata , the owner has no more and left the will and on basis I have obtain an probate from high court with duty court fees and applied for mutation .
As stamp duty is not required on the basis of probate as per my lawyer and other feedback.
But one Freind lawyers given suggestion that stamp duty is also required and he has also given me the judgement of supreme court .
Suraj lamp and industries (p) ltd Vs state of haryana 2009 chapter7 page 363
Now I m confused and getting improper advice from the facts.
Please give the advice and proper reply with details what is correct process on which ground
Regards
Manish Agarwal
Kishor Mehta
(Expert) 29 May 2017
Sir,
The query is ambiguous, please clarify your position with relation to the owner. Are you his relative? Why do you need a Probate if you have already purchased the house?
Good luck,
Kishor Mehta
manish
(Querist) 29 May 2017
Sir, i HV myself the purchaser of the house the agreement has been done before registry the seller die with the will as he was almost 75yrs +
And health condition was not good at the time of agreement,
So from high court the probate has been done
But still one of the lawyer suggest to pay stamp duty as per supreme court order and he has also given me the judgement which I HV mentioned for reference.
So I want your opinion , whether stamp duty is required after probate or not and on which ground.
Is the mentioned judgement of supreme court impact
Regards
Manish Agarwal
manish
(Querist) 29 May 2017
Sir, i HV myself the purchaser of the house the agreement has been done before registry the seller die with the will as he was almost 75yrs +
And health condition was not good at the time of agreement,
So from high court the probate has been done
But still one of the lawyer suggest to pay stamp duty as per supreme court order and he has also given me the judgement which I HV mentioned for reference.
So I want your opinion , whether stamp duty is required after probate or not and on which ground.
Is the mentioned judgement of supreme court impact
Regards
Manish Agarwal
Rajendra K Goyal
(Expert) 30 May 2017
Without knowing full case details / material facts/ referring related documents and probate case file, nothing can be advised. Discuss with local lawyer.
Guest
(Expert) 30 May 2017
Agree with Mr.RK Goyal
Guest
(Expert) 30 May 2017
Full Case Details to be Referred
Guest
(Expert) 30 May 2017
Discuss with Local Advocate
Guest
(Expert) 30 May 2017
Well Advised Please
Guest
(Expert) 30 May 2017
Nothing to Add More Please
