• Stamp duty on compromise decree

I had sold my agriculture land to a person. The cheque for the consideration was returned unpaid for full amount of deal. I applied for cancellation of sale deed. Court cancelled the deed by a compromise decree.Now is stamp duty is payable. Property to be transferred to the original owner
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

Yes under the Registration act compromise decree is also registered and the stamp duty is payable.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You have to make a deed as per the decree and register the same

Citation

Satyapramoda ... vs Mula Gunnayya (Deceased) And Ors

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Sane of agricultural land has been set aside by court orders passed in compromise decree

Deed of cancellation can be executed

It would attract nominal stamp duty

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

If there is a transfer then stamp duty will be payable either on consent decree or on the transfer deed by which property is to be transferred

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

1) Once stamp duty paid to government its not returned back to stamp payer whether the transcation is cancelled or made relinquish deed or gift deed etc.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1) Your sale deed is cancelled so the land will get registered on previous owner as it is no need to pay stamp duty again.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Supreme Court in Bhoop Singh v. Ram Singh Major, , and it was held as under:

"(1) Compromise decree if bona fide, in the sense that the compromise is not a device to obviate payment of stamp duty and frustrate the law relating to registration, would not require registration. It a converse situation, it would require registration.

(2) If the compromise decree were to create for the first time right, title or interest in immovable property of the value of Rs. 100 or upwards in favor of any party to the suit, the decree or order would require registration.

(3) if the decree were not to attract any of the Clauses of Sub-section (1) of Section 17, as was the position in the aforesaid Privy Council and this Court's cases, it is apparent that the decree would not require registration.

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

On the cancellation of the sale deed the stamp duty is not liable to be returned anymore.

You can apply to the registrar but since the deed was cancelled by court, the revenue so far paid is not to be refunded anymore.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

No stamp duty is required to be paid for transferring the land back to the original owner. The same can be transferred on the basis of decree.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. No stamp duty is to be paid on the decree of the court.

2. If mutation was done after the sale then on the basis of the decree of the court apply for mutation in the name of original owner.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

The stamp duty for the original market value has to be paid for execution of the registered cancellation deed even though it is enforced through a court decree.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

No. On camcellation of sale deed by court, purchaser's title is removed. No need to pay any stamp duty for that.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

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