• Sale certificate of bank

If any propery is purchased from bank through auction under sarfesi act ,then for registered sale deed the stamp duty will be charged on auction value or the govt.(market) value?
Asked 5 years ago in Property Law
Religion: Hindu

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15 Answers

The stamp duty would be charged on the auction value mentioned in registered sale deed

Ajay Sethi
Advocate, Mumbai
94726 Answers
7536 Consultations

5.0 on 5.0

On the auction value as that would be sale price.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Stamp duty will be charged on auction value of property.

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

Then it would be on market value. Sir stamp duty is on the value of sale or the government price which ever is higher.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If circle rate fixed by govt is higher then pay stamp duty on basis of said rate

Ajay Sethi
Advocate, Mumbai
94726 Answers
7536 Consultations

5.0 on 5.0

Auction value is considered which mentioned in registered sale deed

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

Stamp duty and registration charges are to be paid at the Market value prescribed by the government at Sub-Registrar offices.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

stamp duty is to be paid on govt. value or auction value which ever is high.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

4.9 on 5.0

It will be charged on the auction value

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

If government value is higher then on the government value.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1. IT will be charged, on the value whichever is higher.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. Sale certificate issued by the bank after conducting auction sale of a property duly taken physical possession of as per SARFAESi Act, need not be registered as per law.

2. However, most of the intermediaries prefer register the sale certificate in order to make their purchasers get the property searched from the Registrar.

3. In the stated incidence, the stamp duty to be paid should be on the sale value.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. There are few cases decided in favor of the buyer by Calcutta High Court where the Regfistrar has been directed to collected stamp duty based on the value at which the DRT has sold the property in auction sale.

2. The same logic can be taken and a case can be filed aganst the registrar in case he charges stamp duty as per the market value of the sole property.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

If the government guidelines value is higher then you may have to pay the stamp duty accordingly and not on the purchase value

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

If govt (market) value is higher than?

You may have to pay the stamp duty to whichever value that is higher.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

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