logo logo

The documents, which are compulsorily registerable, though not registered, are admitted as evidence to establish any collateral issues.  Please advice, whether documents which are not adequately stamped are admitted in the Court to prove any collateral facts?

There is vital difference between unregistered document and under-stamped document.  The unregistered document will be admitted as evidence to establish collateral issues.
But under-stamped document will not be admitted as evidence to establish the main issue or any collateral issue.  Section 34 of the Karnataka Stamp Act is very clear in this regard.  Such documents will be admitted as evidence on payment of shortfall and penalty of ten times that of the stamp duty.

For example an agreement to sell without possession clause attracts a stamp duty of Rs.200/- but was paid only Rs.20/-. The short fall is Rs.180/- and penalty is 10 times the proper stamp duty i.e., 200 X 10 = Rs.2,000/-. In all Rs.2,180/- to be paid, so that it can be used as a source of evidence.

FAQ

Whether the land converted for residential purposes could be utilized for construction of a school building?

In case of take over loan where the property is transferred by virtue of a general power of attorney whether the bank should insist on execution of a new general power of attorney or the earlier general power of attorney will hold good?

It is the normal practice that banks advance money to the individual borrowers for purchase of flats in an apartment building. Suppose after release of  home loan to the individual borrower, either in full or in part, who in turn has passed on this sum to the developer and  the developer abandons the project half way through  or unduly  delays in completion of the apartment building depriving the borrower to get the sale deed  executed in his favour, then how  the bank can enforce its  right for the money lent to the borrower for purchase of a flat in  the said apartment building? 

What right the creditor bank gets from the deed of declaration and joint development agreement, if not registered or proper stamp duty is not paid on the instrument?

Whether the deed of declaration and joint development agreements are enforceable in court of law without paying stamp duty?

What is meant by irrevocable power of attorney of immovable properties?

Is it necessary to register Power of Attorney to present documents for registration?

Is it necessary to register a General Power of Attorney (GPA)? 

What is the difference between Witness and Consenting Witness?

Can one become owner of a flat by purchasing and registering only undivided share of the land?