BRIEF FACTS OF ON WHICH THE QUESTION HAS ARISED
My case is pending in the form of execution of specific performance of contract, which was decreed on [deleted] by the Session Court, Faridabad, Haryana.
My client could not register the land at the prevailing rate of Stamp Duty as defendants preferred an appeal in the High Court.
Total Stamp Duty payable at the time was Rs. 30,000/- Appx.
This appeal was dismissed on [deleted].
The counsel of my client in the High Court did not perform his duty properly and did not disclose the Dismissal of Appeal on time to my client for 13 years. He misguided by client till [deleted] and onwards till date.
So my client himself enquired about the matter and found that his case was already decided in his favour on [deleted] by the High Court.
Due to the fault of an Advocate my client suffered very much loss of time which is not compensated in any manner.
So my question is :
What rate of Stamp Duty is applicable to the registration of Sale Deed which is executed by the court after the decree of specific performance passed by the court on [deleted].
May I seek the court’s indulgence in noticing and perceiving the following :
My client signed an Agreement on [deleted] when he was only 45 years old.
Payable Stamp Duty at the time was Rs. 30,000/- Appx.
Due to concealment of information from him by the lawyer till [deleted]:
Stamp Duty by that time has risen to Rs. 11 Lacs. appx.
My client now at present is an old & infirm man at 75 years of age proven by medical records.
He was at the receiving and of fake & frivolous litigation for the last 30 years.
So why should he be made to suffer to pay the Stamp Duty of the Registration of Sale Deed of 1989 on the basis of today’s rate of Stamp Duty.TV