• Stamp act

By mistake i carried out lease of 2 agricultural plot  belongin to same khasra 366 as a consequence of section 165 in violation of section 156 lesse become non transferable bhumidhar  as per provision of UP Zamindari abolition act however i  had paid stamp of residential but collector passed impugned order without carrying spot inspection posing on me penalty four times and considering it as residential property and calculated market value on residential circle rates and secondly considering property located on highway .IN another lease deed  after carrying spot inspection had given clarity to stamps. 
NOW I WANT TO KNOW
a)can i take defense that land is agricultural and lease is void and market value cannot be calculated on residential
b)judgement of collector in another lease clearing stamps on same plotno 366 can be taken as          ground to negate order of collector in case of first lease
Asked 12 months ago in Property Law from Aligarh, Uttar Pradesh
Religion: Hindu
1) you can challenge order of collector as land is agricultural and not residential in nature . insist on inspection be done for the land in issue 

2) you can rely upon judgment passed by collector in identical case 
Ajay Sethi
Advocate, Mumbai
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1. What is the nature of mistake in the first place? You are claiming the lease is void, but have you filed a lawsuit for declaration of the lease deed as void?

2. You are free to challenge the order of collector on the ground of it being calculated on the residential circle rate.
Ashish Davessar
Advocate, Jaipur
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484 Consultations
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NOW I WANT TO KNOW
a)can i take defense that land is agricultural and lease is void and market value cannot be calculated on residential
Yes, you can prefer an appeal against the impugned order passed by collector without applying his minds and ascertaining the facts of the issue. 


b)judgement of collector in another lease clearing stamps on same plotno 366 can be taken as          ground to negate order of collector in case of first lease
This is a good evidence for you to take up your case in an appeal against the previous order before the higher authority or else you can approach civil court with a suit for injunction against the impugned order erroneously passed by collector without applying his minds or ascertaining the facts of the land or even without making a formal inspection or investigation about the issue. 
T Kalaiselvan
Advocate, Vellore
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151 Consultations
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