Legal Question in Wills and Trusts in India

purchased a flat in 1970 from guj.hosing board at meghaninager ahmedabad onhigher purchase ,and same was transferred in the name of my father in lawin the year1987 afer paying full payment of hsg board and transfer fee.my father was expired in the year 2005 without "registry"now after compliting the required formalities said ftat is transferred in the name of my wife in the books of hsg board.and we went to sub registrar"s office at meghani nager for registry.though it has been registed but the documents are sent to dy colletorat ambawadi for calculation of stampduty.original cost of flat is Rs10260/-

pl. guide me how much amt i will have to pay

flat is 42years old,rate of stamp duty will be present rates or ,of ther year when it was transferred in the name of my father in law,now it will be i the name of woman,


Asked on 4/20/12, 12:23 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

Whilst calculating Stamp Duty, the Deputy Collector of Stamps at Ambavadi is required to take into consideration that the property is 42 years old. Ideally, he will have to levy the Stamp Duty at the rate of duty prevailing in 1970 on the price prevailing at the time of purchase of the flat (i.e Rs, 10.260/-) plus interest and penalty for the period of default, in your case it being for 35 years. You will need to furnish evidence of the cost of purchase of the flat to the Dy. Collector.

However, I must also caution you that in the absence of substantial evidence of purchase of the property and price, it remains at the discretion of the Dy. Collector of Stamps to levy the Stamp Duty at the prevailing rateable market value of flats at Meghani Nagar, Amdavad.

You should request the Dy. Collector at Ambavadi to levy Stamp Duty on the lower of the two options, I have mentioned above.

You can also mail me for any further on-line legal advice at [email protected]

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Answered on 4/20/12, 3:55 am


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