Rectification deed by person not made party in the original deed
I have bought a house in 2015 of RS 78 lakhs . There were 7 sellers who executed the original deed in 2015. In have paid the stamp duty of 5.5 lakhs at the time of registration. Later i came to know that there was 1 more person who have not executed the original deed .Then i urged him and the party got ready to confirm the deed .
Through a rectification deed of stamp value of RS 100 the party confirmed the execution of the original deed where he confirms the validity of execution of principal deed and further adds that the principal deed is valid and binding on him. He also confirms that he has no right, interest, or title to the property transferred which belongs to the purchaser/transferee.
But the stamp commissioner has not released the rectification deed and ordered to pay the full stamp duty i.e 5.5 lacks which was paid on the original deed once again stating that the name of the confirming party was not present in the original deed .
On the request that it is a factual error and i was not aware , the stamp commissioner asked for a ruling/Act which shows such instance which happen in my case was permitted on a stamp value of Rs 100 .
Please give your valuable reply on the concerned matter .
Asked 6 years ago in Property Law
Religion: Muslim
The property belongs to 5 sisters in which 1 sister died .(The legal heirs of the died sister were her husband and her 3 sons of her = total 4 legal heirs ) in which her husband and two sons were present in the execution of the original deed and the four sisters were also executed the original deed .
The share each sister would become ( 78 Lakhs / 5 ) =15.6 lacs and the share of the remaining son who was not present in the original deed was 15.6 / 4 = 3.9 lakhs (since there are 4 legal heirs of the dead sister ).
Since the stamp duty is paid on the whole property bought by me and on the undivided share of the and there is no addition of any piece of land to the existing property in the confirmation deed t he dimensions of the house is same and .
Do i need to make a fresh supplementary deed .
What about the confirmation deed on which the registrar is adding 17 % interest on the unpaid stamp amount of 5.5 lakhs . Do i need to cancel the confirmation deed ?
Asked 6 years ago