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aksinha   13 June 2015

Stamp duty & change of land use

Dear Sir

1) what are the Flip sides of saving on stamp duty. Stamp duty charged and paid at Circle Rate for Residential Land (not agriculture land), whereas the Agreement to sell was at nearly double the circle rate. Receipts for Cheque and Cash payments made are available.

2) In case I file a case against the private builder for not developing the plot, and not providing internal roads, as Promised in the Agreement, can I produce the agreement in the Court without attracting penal provisions, if any, for not paying Stamp Duty as per the actual rate of purchase.

3) what are the penal provisions for not paying stamp duty as per the actual rate of plot. 4) the pvt builder sold the plot at different rates to different buyers. He sold it to me at about 1/2 times more than other buyers at the same time during December 2012. This can be verified from the Agreement papers of the other buyers. Can a case be filed on this issue, and can the court call for agreements made by builder with other buyers?

5) which is the appropriate forum for filing a case; Consumer Forum or Lower Court in the Distt?

6. is cash payment allowed in land deals? where can I find the instructions regarding methods of payment in land deals?

7. what is the minimum Agricultural land parcel that can be purchased in UP. I hear it is 3.14 acres?

8. Is land use certificate from 'agricultural' to residential' under Section 143 of the UP Zamindari Abolition land reforms Act 1950, required for lands measuring less than 300 sq meters?

Best regards

AK Sinha



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