• 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 4 years ago in Property Law
Religion: Muslim

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14 Answers

1. WELL, THE STAMP COMMISSIONER IS NOT RIGHT.

2. Since one owner was left it means his share in the property was not sold to you and hence in the subsequent deed his share will only be transferred and hence a deed of rectification is not the answer.

3. You will have to make a supplementary deed of sale whereby the left out owner will transfer his undivided share and hence the stamp duty is to be paid only on consideration of his share in the property

This is not the factual error to say the least.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Deed of rectification can be executed only to correct the mistakes in original deed

2) in your case one of the sellers was not party to original deed

3) in such a case stamp duty has to be paid for sale of his share in property

4) it cannot be done on Rs 100 stamp paper

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

This is my response to you:

1. You can read this article: https://timesofindia.indiatimes.com/hyderabad/Correcting-mistakes-in-property-documents/articleshow/1041858.cms

2. If it was small spelling mistake then you could have done it on a Rs.100 stamp paper;

3. Now there is no way out, other than paying the amount of stamp duty on that one seller's share of the proeprty;

4. Since you have not paid the stamp duty for that one person's share, therefore execute a supplementary deed;

5. That is why you should be extra careful at all times while drafting the deed;

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Since one of the co sharers was left out his share did not pass on to you and hence making full stamp duty on the whole of land does not make the deed clean from mistake which can be corrected only once the remaining co sharer makes a fresh sale deed transferring his share in your favour on payment of stamp duty calculated on his share.

Please note there is no other way out.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Deed of relinquishment can be executed by said son to relinquish his share in property

Deed of relinquishment can be stamped a d registered

Deed of confirmation can be cancelled

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

1. The said deed where one of the joint owners were excluded inadvertently should be rectified by registering a Rectification Deed..

2. This is not a fresh registration of Sale Deed but rectification of the earlier Sale Deed which had excluded him being one of the joint holders.

3. The Registrar should register the Rectification Deed since it is mentioned as a Rectification Deed in connection with the Sale Deed which was registered earlier by paying the required Stamp Duty for which no fresh Stamp Duty is chargeable.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

1. Be it confirmation deed or rectification deed, no additional payment of stamp duty is chargeable on you in the instant case since you have already paid the stamp duty for the entire sale proceed and not paying anything additionally in the said rectification or confirmation deed.

2. You can approach the High Court praying for directing the Stamp Commissioner not to charge any additional stamp duty for registering the said rectification or confirmation deed.

3. In any case you shall have to pay the registration fee for registering the rectification or confirmation deed.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

Firslty, once the deed has been executed it doesn’t mean that it can’t be rectified.

Secondly, it is not the valid averment by the commissioner to pay the whole stamp duty again.

Thirdly, but, yes if the portion k father remaining member has not been the part of the deed then en extra stamp duty as per that new share will have to be paid under the supplementary deed, but never been the whole amount again.

If he still doesn’t get understand then there is a way of Writ of Mandamus to pull him on the track of exact law.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Stamp duty is paid according to the property which you have already paid, no need of paying it again. If the Registrar doesn’t agree then file a civil writ petition in the concerned high court with all your grievances. You’ll get the Benefit for sure.

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

The writ will be a writ of MANDAMUS

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

1) Commissioner or Registrar does not have concern to do with how may owners or legal heirs names are appearing on the property. His concern should be on Property Valuation and area of flat or plot.

2) If the amount of property is Rs.78 lakhs than that much taxes which you have already paid. If the property valuation is changing than you are eligible to pay additional stamp duty other wise not.

3) If the amount is same than you can make Rectification deed and get it registered.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

the commissioner's order is illegal

if full stamp duty is paid on the market value of the property, then no further stamp duty is required to be paid on the subsequent document

the subsequent document only details that one of the seller was missed out due to inadvertence

challenge the order by filing a writ petition in HC

the commissioner's demand is utterly baseless and foolish

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Generally there is no need for paying the stamp duty once again while executing the registered rectification deed.

You may ask the registrar to give his observation in writing by quoting the relevant law governing the situation.

You can decide further course of action after analysing his reply.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

The registrar may be right in his own understanding but he should be acting based on certain relevant law, you can demand the mention of specific provision of the law which he now relies on this.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

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