Again Stamp Duty demand on joint Property of Father & Uncle
Sir, My father & Uncle both are joint owners of a property.My uncle given his 50% share to his 3 sons and my father given his 50% share to his 3 sons on sameday, by paying Registration fee & stamp duty of 1% + 0.5%.
Junior Registration officer had come home did his formalities and gone.He did not tell anything..Later ADSR & then DIG Registrstion ordered to pay more stamp duty.He told property is still joint.Gift is given by Father & Uncle jointly. Still Partition has not done,so 50% Gift is given by father in this case 0.5% Stamp Duty is Ok..but remaining 50% part of same undivided property is gifted by Uncle to his nephew so here stamp duty will be calcuted @6%.He ordered to pay Deficite stamp duty @ 6% on the 50% valuation of the property and if not to be paid within 1 Month of order receiving then @ 1% intrest will be taken.fter 3 months starting of November 2015, I had gone to ADSR Office.We wanted to know & to pay the exact amount with interest but he refused to tell the amount and he told he has no time to calculate.Come after some days.I had gone again show him DIG Order again and asked,this time he told that he had no order to recieve the Stamp duty..Let the order first come to him from the DIG-Registration.I had gone to DIG-R Office, he told he had already send the order 2, 3 months ago..And told me to deposit the demanded deficite amount.He told me to come on another day and to give him an application with details...He would look into the matter. When I had gone to him he was no there...DIG Sir over phone told me to make a talk with him of ADSR over phone.
I had gone again to ADSR Office to know & pay the Exact amount with intetest.He told me to come after few days.I had informed him that DIG Sir wanted to talk with him over phone..He told me to wait 1 Hour..I was there till 1 Hour he then talk to me and then to the DIG-R. He explained that in there online system there was no Heading of 50% Stamp duty on family member and 50% Stamp Duty on Other than family member..He told it will take time to update this.For this he need help of NIC deprt..with the permission of DIG.After the updation he can calculate and recieve the amount..I had gone 10 times to him.At last he send only our one Case.He told me to come 2 days later.I had gone,he told Now his system is updated..But He still did not tell me exact amount with intetest..He told me to calculate it with up to date interest @1% and to pay the amount by DD within 1.5 Hrs. till 3 P.M. Otherwise 1 more month interest will be calculated because that was the last week day of the month Dec.2015. He had sent only 1 case for approval. So I could pay only Stamp duty of 1 case..He told that he got the permission of IG..Now he would send our other Cases. But for this he will take intetest @ 1% for 1 more month. I told if your system was not updated what is our fault.Why will we pay late payment interest fee.Atleast he & DIG knows the fact.So please not to take more months interest.But he told me to go and talk to the IG.He told that he cant do anything.
Kindly show me correct way.
1.Should I pay interest fee for late payment?
2.If my father & uncle had not done Partition, can they pay now the partiton fee and can save the additional demanded deficite 50% Stamp duty @ 6% of the valuation of the property in the name of Other than family member?