logo logo

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?

- by Shivanandan, J.P. Nagar

The Stamp Duty on conveyance of immovable property is based on the market value of the property/ guidance value. If the market value is less than the guidance value, stamp duty has to be paid on the basis of guidance value. If the market value is more than the guidance value, the stamp duty is payable on market value. Though you have paid the duty as calculated by the sub-registrar, the deputy commissioner may within two years from the date of registration, call any instrument for examination, and if found undervalued, may determine the correct market value and call the party to pay the difference amount. If you have sufficient evidence to show, that value of the property is disclosed is correct market value, you may contest the notice duly supported by documentary evidence. You may also pay the difference amount as demanded and get document endorsed.

image

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?