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I have purchased a house in January 2003.The sub-registrar of Basavanagudi, where the sale deed was registered, did not agree for the stamp duty paid on the sale deed and served us a notice to pay additional stamp duty of Rs. 6,575/- which was also paid and the sale deed was registered. The registered sale deed is with me. I am in possession of the house. But recently I have received a notice from the Department of under valuation stating that the property is undervalued and to pay additional stamp duty of as Rs. 4,255. As I have paid the stamp duty as demanded by the sub-registrar why this notice? Can I ignore the notice?  Please advice.

- by Santhosh, Chamrajpet

It is wrong to ignore any notice issued by government departments, courts, and advocates. The notices have to be replied and complied with, stating the actual position. This is in general. 

With regard to your specific query, about the receipt of notice from under valuation dept, The Karnataka Stamp Act 1957, under section 45-A has given powers to the Deputy Commissioners to re-examine the documents such as registered sale deeds to detect cases of under valuation. He may also issue a notice to the parties to pay the deficit stamp duty. However, this action has to be done within two years from the date of registration. Though you have paid stamp duty as determined by the sub-registrar, the Deputy Commissioner is empowered to re-examine the issue. If you think that the property is not undervalued and correct stamp duty is paid, you may contest through an advocate with supportive documents. If not you may pay the stamp duty as demanded. The department will give an endorsement for having paid the deficit stamp duty.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- A year back I purchased a house in Jayanagar. I had paid the Stamp Duty and Registration as calculated by the Sub-Registrar. The Khata is changed to my name and I have paid the upto date property tax. But recently I have received a notice from Department of Stamps and Registration (under valuation) stating that the house is undervalued in the sale deed, and has demanded further stamp duty of Rs. 33,000/-. I have paid the stamp as determined by the sub-registrar. Then how the department can issue a notice?

Q:- I have purchased a flat in a recently constructed apartment at Kanakapura Road. The area comes under the jurisdiction of BDA. All the owners have agreed to form an association. There is some doubt, where the association is to be registered, Registrar of Firms or Registrar of Co-operative Society. Some owners mention that the association has to be registered with the Sub-Registrar. We seek your guidance?

Q:-
I have recently transferred to Bangalore. Being impressed by the City, I want to buy a flat but my resources are limited. Can I register only undivided share of the Land as the flat is still being constructed. Later on completion of the construction, whether possession can be taken supported by possession certificate? Whether this type of transition is legally valid?


Q:- I have been recently transferred to Bangalore. Being impressed by the city, I want to buy a flat but my resources are limited. Can I register only undivided share of the Land as the flat is still under construction? Later, on completion of the construction, whether possession can be taken duly supported by possession certificate? Whether this type of transition legally valid?

Q:- Inadvertently, boundaries of my house site have been wrongly mentioned in the sale deed which is already registered in my favour.  Please let me know how to get this mistake rectified?  Whether will it suffice if I address a letter to the concerned Sub-Registrar to correct my sale deed and their records?  Or whether any rectification deed is to be executed to rectify this mistake?  If so, what are the registration charges payable to registration of rectification deed?