The stamp duty would be charged on the auction value mentioned in registered sale deed
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?
If govt (market) value is higher than?
Then it would be on market value. Sir stamp duty is on the value of sale or the government price which ever is higher.
Stamp duty and registration charges are to be paid at the Market value prescribed by the government at Sub-Registrar offices.
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.
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.
If the government guidelines value is higher then you may have to pay the stamp duty accordingly and not on the purchase value