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mangal kabra (Assistant Professor)     11 May 2011

Property Registration Dispute

Sir,

       My father purchased a house and presented the documents for registration in Registration Department but the registrar returned the document and refused to register the deal because in his opinion the house was being used for hotel so the stamp duty must be commercial in place of residential but the house was previously registered as residential and it is also true that the house was used for hotel purpose  but for short period only and because of losses in hotel business the person decided to sell the house and we were in need of a house so we purchased that house and after that we all family members shifted in that house and we also submitted a writ in the hon'ble High Court of Rajasthan and the hon'ble court  directed the Registrar to register the sale deed as they directed in the case of Basant Nahata v/s state of rajasthan but still there is no exact guide line that the house is residential or commercial.You all people are requested to guide us what to do and if possible please tell any relevant case.

Thanking You



Learning

 3 Replies

Bharatkumar (ADVOCATE )     12 May 2011

U r submit a order of High Court and Plan Pass copy of the building / house  at the time of Registration the document then he registered your document.

mangal kabra (Assistant Professor)     13 May 2011

But they considers property as commercial and demand for commercial stamp duty then ?

Bharatkumar (ADVOCATE )     14 May 2011

U r submit residential plan pass copy? now u r use this property for residential right? If Registrar is not agree with u, u can says registrar give a answer in writting with reson for that. U submit a TEX BILL, PLAN PASS COPY, 7/12, PHOTO OF RESIDENTIAL HOUSE etc...  


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