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Ashey   01 April 2009

Sale Deed Stamp Duty

Sirs / Mams ,

                       We have executed 6 sale deeds in our favour from six private companies for lands at Madurai, Tamilnadu and the deeds are kept as pending documents at the registrar office.

The stamp duty paid is as per the Guideline value issued by the Registrar (received under the RTI - 20 days before execution of the sale deeds) .

The schedule property is surrounded by a compound wall and a house, build within that compound wall,in a different survey no for which we have not executed sale deed

All lands within the compound wall had the same guideline value, which was revised recently (a year back)

Sub Registrar visited the site ( field inspection)  and informed that the property in the sale deed is a house site and we have to pay stamp duty which is more than 7 times what we have paid now

And he says that he is going to refer the document to Special Deputy Collector Stamps for fixing the guideline value 

We have executed the sales deeds only relying on the guideline value provided by the registrar otherwise we wouldn't have executed the deeds as it would attract long term capital gains for the companies which sold the lands

Whether they are justified in converting the land to house site and claiming excess stamp duty ? If so, why they haven't fixed the guideline value as a house site at the time of making revision ?

What would be your advice to us to get out of this mess and get the sale deeds registered ?



 1 Replies

Guest (Guest)     23 May 2009

The GDV (guideline value) is fixed by the government after seeking/collecting information about the lands.  A particular survey number's GDV might have been fixed as of 'agricultural land' or as 'residential'.  In your case, it seems that the area's survey number fall under the category of 'residential'. As a matter of fact, the TN Govt shows the GDV in their website which is almost different when we go practically to do registration, the registrars show their book in which the value is written by hand (pencil marked).  Hence, it is better to seek the correct GDV one or two days prior to actual registration.  Further, you have mentioned that there exists a compound wall and a house, due to which the registrar might have fixed residential area rate.  My suggestions are (1)  Collect the information regarding the recently registered nearby survey numbers GDV, (2) Get the GDV shown in the website, (3)  Seek the help of VAO or panchayat president (Last option!).  You can raise your objections to the enhanced rate of GDV and present your case.  There is possibility of getting solution through departmental liaison.

 


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