Legal Question in Real Estate Law in India

Can deficit stamp duty on transfer of property be recovered after a period of 13 years under the Bombay Stamp Act, 1958, even though the stamp duty was adjudicated by the Collector of Stamps?


Asked on 8/18/09, 11:05 am

3 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

In case of registered instrument, time limit for initiating action for recovery of deficient stamp duty has been provided under section 32A of the Bombay Stamp Act.

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Answered on 8/19/09, 12:26 am
Rohini Kumar Tenneti R.K.1080 LEGAL SERVICES

The documents if not duly stamped, shall not be admissible in evidence in the court of law. As per the provision of Section 59, any person who, with the intention to evade the Stamp duty, executes or signs any instruments chargeable with stamp duty, without the same being duly stamped, shall on conviction, be punished with rigorous imprisonment for � term which shall not be less than one month but which may be extended upto six months and fine upto Rs. Five Thousand. The Section 67 and 68 empowers the authorities to enter upon any premises and to inspect and impound/seize the documents which are not duly stamped and burden is casted upon every public officer to assist the authorities in detection of evasion. The documents impounded for want of proper duty, attracts penalty @ 2 % per month from the date of execution of such document.Miscellaneous

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Answered on 8/19/09, 4:39 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

No.

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Answered on 8/20/09, 12:12 pm


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