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madhu mittal (director)     18 January 2012

Compulsory purchase by decreeholder, ip being undervalued

Under  Section 269 of Income Tax Act, 1961 , compulsory purchase –  can be made by the Central Government on ground that there was undervaluation of property . Is there any law, under which compulsory purchase –  can be made by the creditor/decree holder on the ground that there was undervaluation of property and transaction is made only to avoid the payment to the creditor/decree holder by paying small stamp duty on registered sale deed.   The creditor/decree holder is ready even to pay say 50 % more value than written in sale deed. The transaction should be avoided on the ground of inadequate consideration and the transaction is only a sham transaction and immovable property should be got sold to the creditor/decree holder on much more sale value than written in sale deed between the judgement debtor and purchaser/transfree.



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