• Stamp Act

I am secretary of society and had given land on permanent  lease plot no 366 throgh 2 deeds    to partnership firm  that front of 366 located on highway is not leased out but property leased out after 25 feet govt road existing on plot no 366 in the middle of plot leading to division of plot in 2 parts but collector without carrying spot inspection passed order 1.10 .13 imposing 4 times penalty against the firm calculated considering property located on highway  while in another deed of same plot after carrying spot inspection passed order 29.06.14 giving clearance to deed and not imposed penalty.
secondly since deed was made to partnership firm but one of partner of firm was govt servant so due to incompetent person as partner under section 11 of indian contract act ,hence firm  cease to exist  on day of execution of deed as only one partner hence under section 5 of transfer of property act there is no transfer and posseesion also not handed to firm so there was no disposition under provision of transfer of property act 1882.
so what shall be done further i want to know that in case of non payment of penalty does property  will be auctioned .As now what society should do Can it be built out case of no disposition.
Asked 10 months ago in Property Law from Aligarh, Uttar Pradesh
Religion: Hindu
1) you have to file appeal against impugned order imposing penalty as property is not located on highway but 25 feet away from highway . 


2) in case your appeal is rejected or you don't file any appeal and fail to pay penalty amount yiu can be prosecuted by the authorities with the consent  of collector 
Ajay Sethi
Advocate, Mumbai
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1) stamp duty is a state subject and varies from state to state

2) Stamp duty is levied on the market value of property involved in a sale, gift, exchange or settlement. The market value of the property is the value it would fetch if sold in the open market. Any sale or transfer of property involves payment of stamp duty.

Ajay Sethi
Advocate, Mumbai
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1221 Consultations
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1. The lease is void and can be declared so by the court. The society can file a lawsuit to cancel the lease and also claim compensation from the firm for misrepresentation made by it. Your reliance on sec.5 of TPA is misplaced. 

2. The property can be attached and then auctioned for default in payment of the penalty, to preempt which the firm and also society can seek stay from the civil court. 
Ashish Davessar
Advocate, Jaipur
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Only a UP based lawyer can answer your second query as the rules are not uniform throughout India.
Ashish Davessar
Advocate, Jaipur
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The penalty imposed by the collector shall be paid by the firm or it can prefer an appeal against the order or can approach civil court for stay of the impugned order. The society has nothing to do with this.  
However since the collector did not visit the spot nor there was any prima facie reason to impose this penalty, this may be challenged through a writ of certiorari or mandamus or both together. The strong reason to this that another property of he same which was duly inspected was not imposed with any penalty hence this order is erroneous.  This fact should also be highlighted.
Also since the partnership ir dissolved even before its formation, there was o firm as on the date for disposition hence the order can be held invalid.
You may draft a petition his way and file a suit or an appeal.
T Kalaiselvan
Advocate, Vellore
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a)whether it is on total value of property
b)whether it is on rent and premium in uttar pradesh

Stamp duty will be on the basis of rent and premium only for the leased out properties and not on the value of the property.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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