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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:- I am buying a property at Jakkasandra (old village area) presently coming under City Corporation.  Betterment charges paid receipt and Conversion Order are not there.  Is it possible to register this property?

Q:- My son and I have jointly borrowed money from the bank for purchase of a flat in Bangalore and we are sharing the EMI.  My question is whether the property is to be registered in our names jointly or whether it should be registered in single name? 

Q:- I have purchased a property in Corporation limits of Shimoga. As I went abroad immediately after signing the sale deed, my close friend presented the document for registration which was accepted and registered. Later, I came to know that the presentation should be either by executant or claimant or only by a duly authorized agent through power of attorney. I have not given any power of attorney to my friend. I am told that the registration is invalid. Please advise.

Q:- I am not able to understand the difference between Katha Certificate and Katha Extract. Could you also brief me about the importance of Encumbrance Certificate? I shall be very grateful to you if you could give me reply to my mail with answers. I shall sincerely look forward to hearing from you soon. Thank you, very truly yours.

Q:- 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.