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ashay naik   30 October 2020

Short payment of land registration fees

Earlier in 2014 I entered in to an agreement to relinguish rights to a property which was from our forefathers.  The agreement was cancelled in 2017.  And a new agreement was entered with different terms.  Now in 2020 I have received a letter from the sub registrar of Maharashtra that the cancelled agreement fees was incorrectly calculated and and additional fees needs to be paid.  Am I liable to pay for the tax amount which was incorrectly calculated by the sub-registrar.  Is it not the responsibility of the registrar to make calculation correctly.  



Learning

 5 Replies

Dr J C Vashista (Advocate)     31 October 2020

What was the requirement of "agreement" for relinquishment of your share/right in favour of "other" shareholder of the property, as stated by you ?

There is change in circumstances/ facts or misconception qua agreement and relinquishment.

G.L.N. Prasad (Retired employee.)     31 October 2020

To err is human, the mistake might have been pointed in regular audit, selected checks by Higher authorities.  The charges if demanded has to be paid.    Pay the demanded amount as the amount may not be substantial.

P. Venu (Advocate)     31 October 2020

You are required to pay if the demand is legitimate and reasonable.

ashay naik   31 October 2020

The amount of Stamp duty is Rs. 70,000. Which is a huge amount for me.  Thanks!

G.L.N. Prasad (Retired employee.)     31 October 2020

Please go to the office and seek such specific reasons for demanding such a huge court fee.  They will show you the value fixed for such locality, the fees recovered from others, the rates fixed for that locality, and the mistakes committed by them in calculating fees.   One can not benefit out of a mistake, oversight, and most of the time, it came into the light where purchasers managed with authorities for less valuation, and during such audit, those were specifically pointed, the amount was demanded from such purchasers.   Purchases on the basis of land rate and not on stamp value for registration.  It is your decision either to pay or face consequences.


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