My mother holds a 1.625 decimal open residential plot lying in Panchayat area, classified as danga/vita as per her Porcha/Land LR records. She inherited this from my grandmother after creating a partition deed among all 10 brothers and sisters (the partition deed was not registered and one sister somehow didn't sign though she has received her bit and sold a portion of that also subsequently. All 10 have their own porchas and are paying land taxes. Majority have sold also as of now.
A buyer approached us to buy my mother's property recently. When the buyer approached the local ADSR office for getting the circle rate for stamp duty calculation through e assesment, it was seen that the office is treating the proposed use of land as commercial for valuation since it is near to metal road. This would have been less than half, had the proposed use been treated as danga. The transaction value agreed is also working as 56% of the commercial circle rate/market value.
1. My mother is getting the total transaction amount through RTGS. Will the same transaction amount needs to be mentioned in the sale deed? Since the sale consideration is less than market value/circle rate, will the registration be valid in this case? Can the ADSR officer reject the registration on this ground though the office is getting higher stamp duty based on commercial calculation?
2. Do my mother need to pay LTCG based on the circle rate?
3. Am I correct that irrespective of the valuation, I need to mention the type of land as "Danga/Vita" in the sale deed, since that is the actual category in LR records/Porcha?
4. It has become a practice that all brother/sister who are selling their bit normally take a signature of the sister who has not signed the partition deed so that she doesn't reate objection later. I could not make out how they have taken signatures. I approached a advocate who advised that a declaration can be taken from the sister on Rs. 500 stamp paper that she has no objection in case my mother sell her plot to anyone and notarising this declaration/affidavit. Is this okay and enforceable document? I also thought if she could sign as witness to the deed but problem is she will not be able to visit ADSR during registration because of age and illness. So, will the declaration/affidavit be good? This we need to ensure that there is no future objection.
5. In respect of above affidavit/declaration, myself, my mother and the sister are all staying in different districts, but all in same state of West Bengal. The plot is also in the same district where the sister stays. For convenience, I want to do the notary in my city (district court). Will this be valid?
Asked 5 years ago in Property Law
Religion: Hindu
