Registration of sale deed is mandatory
2) it has to be done within maximum period of 8 months from date of execution of sale deed
3) you have not mentioned reasons for dismissal of appeal
4) it is necessary to peruse said order to advice
Payment of stamp duty
Sir, I have purchased a flat in registered society in the year 1993.Paid stamp duty under Govt. Amnesty scheme in the year 1998.Agreement not registered. Now society has obtained Deemed Conveyance order from Registrar in the year 2015. Seven flat owners out of 15 have paid Stamp duty under Amnesty Scheme but their Agreements not registered. Draft of deemed Conveyance is sent for adjudication.Coll.of Stamps ask to pay stamp duty on present market value of the flats where Agreements are not registered. Such stamp duty is very high. Our Appeal Dismissed. We are ready to register the Agreements but not for stamp duty. Whether Coll. Of Stamps order is justified? What solutions? Pl. guide.
Asked 6 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
9 Answers
Hi, you can file a civil suit for permanent injuction in court ..
See, I advice you to first go through the shceme under which you paid stamp duty meaning here by is that in accordance of that scheme.
Then, yes it may be not so easy to convince the Court as the agreement was not registered.
But, still after knowing the details I may be able to guide you in the right way.
The government will be interested in augmenting, so it would not be a shock if the registrar is insisting to pay stamp duty in accordance with procedure, there is very little chance to pay the same at the older rates.
1. The order is illegal
2. Once stamp duty is paid under amnesty scheme, the collector cannot demand stamp duty on present market value again.
3. Non registration of the agreement does not have any effect on stamp duty payment and registration of deed of deemed conveyance
4. Since your appeal is also dismissed, file a Writ Petition in High Court
Dear Sir , appraoch high court under writ jurisdiction as the order of the collector is illegal as the stamp duty was paid under scheme so now for registration you need proof of same along with the registration charges.
Seek direction from high court to direct the authority to register the flat on payment of stamp duty and adjust already paid stamp duty.
Further the order of collector need to be perused on what ground he has denied.
1. Stamp duty is payable either before signing the agreement or immediately within a day of signing
2. If a document is insufficiently stamped then any public authority before the document comes, can impound it and send it to the collector for adjudication
3. In your case the document cannot be impounded since stamp duty is already paid under amnesty scheme
4. Maximum time for registering a document is 4 months of signing with further extension of additional 4 months. So registrar can't refuse to register your document if it's presented for registration within such period
5. File a Writ Petition against appellate order and also make the sub registrar a party in your petition
In the state of Maharashtra, stamp duty purchase is valid for the period of six month from the date of purchase. Therefore, the document must be executed within a period of six month of purchase of stamp duty.
You can file an appeal before the appropriate authority.
Or you can approach the high court under writ petition.
You can challenge the decision under writ petition at HC. You may get relief.
