Hi,
I am the decree holder in a Special performance suit for the sale of an agricultural
land near Bangalore. The decree was passed on 9/2004 and we have filed for an execution
on 2/2005. We got the execution order passed from the court in 3/2010.
Now, when the court counsellor is executing the order, what would be the registration fee that we need to pay for the sale deed registration ? Is it based on what was the agreed sale price at the time of agreement and which the court has held as the document that needs to be followed during the sale transcation ?
Or will it be the current market price on which this fee needs to be calculated ? And if it is teh latter,
is it not an injustice to the DH , as the prices during 2005 were same as that was on agreement , but
later the government increased it 4 times in 2008. ? If the court has taken 5 years to settle the case
do the DH has to pay the price for it ?
Or shall the DH ask for a waiver of additional fee in his application , as he is paying 40% of the sale value as registration fee ?
Pls. advice as to what would be the right steps..
regards
Shri