• Sale consideration is higher than circle price

I am buying a land at a price of 4 lakhs per acre where as circle price is one lakh. Since I am paying entire 4 lakhs through bank, I wish to mention 4 lakhs as sale consideration. Now how is stamp duty calculated? Is it as per circle price or actual sales consideration?
Asked 7 years ago in Property Law
Religion: Hindu

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16 Answers

1) Stamp duty will be calculated on actual 4 lakhs rupees per acre price.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

stamp duty would be calculated on sale consideration mentioned in sale deed ie Rs 4 lakhs

Ajay Sethi
Advocate, Mumbai
99881 Answers
8150 Consultations

Dear Client,

Stamp duty payable on sale consideration or circle rate whichever is higher. And in your case on 4 lacs.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Hi,

Generally stamp duty is paid as per sale price. circle rate is minimum rate.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

circle rate or agreement rate whichever is higher will be considered for stamp duty

so if you pay higher than circle rate then you will have to pay stamp duty on agreement value

though at present there will be more outgo towards higher stamp duty

but in future there is an advantage for you

if you sell this land, then the sale proceeds you receive will be reduced by the amount of money you paid for its purchase and on balance you will have to pay capital gains tax

so that translates to a lesser tax outgo

Yusuf Rampurawala
Advocate, Mumbai
7904 Answers
79 Consultations

Dear,

Stamp duty is calculated as per actual sales consideration 4 lakh.

Tarun Agarwal
Advocate, Jaipur
768 Answers
3 Consultations

Stamp duty has to be paid on the higher of the two, i.e., circle rate or the actual purchase value.

Stamp duty and registration fee is required to be paid on the higher of the circle rate or transaction value, by the buyer.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

- Circle Rate is minimum value at which the property can be sold or purchased.

- Market value is the rate at which actual transaction takes place. It is also known as Consideration Value.

- Stamp duty has to be paid on the higher of the two, i.e., circle rate or the actual purchase value.

since the circle price is one lakh and you are paying 4 lakhs and further you want to mention the higher paid one , then the stamp duty will be calculated for the paid amount of 4 lakh.

Good luck and dont forget to positive rating.

Mohammed Shahzad
Advocate, Delhi
15830 Answers
242 Consultations

Circle rate is for the purposes of purchasing the property for not less than the same but it may be more than the circle rate on which stamp duty need to be paid. So the amount of sale consideration even higher than the circle rate has to be mentioned in the transfer document and on that amount stamp duty is required to be paid.

Mohammed Mujeeb
Advocate, Hyderabad
19345 Answers
32 Consultations

As per the price paid.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

Stamp duty is payable on the market price of circle rate which ishigher in case you are paying more than the Circle rate than you have to pay stamp duty on the basis of the market value as per the applicable rate

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. If you mention Rs.4 l;akhs as the consideration paid by you then the stamp duty shall be levied on Rs.4 lakhs.

2. You can show payment of Rs. 1 ;lakh as consideration the sale deed for paying lesser amount of stamp duty and pay the balance Rs.3 lakhs as gift to the seller.

3. However, it is strange that the actual price paid by you is 4 times more than the circle price.

Krishna Kishore Ganguly
Advocate, Kolkata
27723 Answers
726 Consultations

The stamp duty will be paid on the price of sale considerations and not on the circle rate of the property.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dear Sir,

The circle rate is for the purposes of purchasing the property. The circle rate is not less than the same but it may be more than the circle rate on which stamp duty need to be paid. So the amount of sale consideration even higher than the circle rate has to be mentioned in the transfer document and on that amount stamp duty is required to be paid.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

If the sale consideration is above the circle rate you may have to pay the stamp duty as applicable to the sale consideration amount only, since you have availed bank loan.

T Kalaiselvan
Advocate, Vellore
90079 Answers
2502 Consultations

1. Stamp duty is payable on Circle Rates .OR. on the Sale Deed amount, WHICHEVER IS HIGHER.

2. IF stamp duty is paid on circle rates and sale deed amount is higher, THEN it will be a prosecutable offence, leading to impounding of the document.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

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