Stamp Act, 1899, Section 47A -- Deficient stamp duty - Consent deed - Petitioner purchased property and entire revenue records were mutated in favour of petitioner - Original owner interfered with possession of petitioner by contending that father of petitioner had no valid title over the property - However, matter was settled in meditation by paying Rs.11 lakhs to..........
Stamp Act, 1899, Section 47A(1) -- Deficient stamp duty - Collector u/s 47-A(3) of the Act has got no power to suo motu review the amount of stamp duty paid at the time of registration after a lapse of two years...........
Stamp Act, 1899, Section 47A(1) -- Deficient stamp duty - Sub-Registrar has no authority to refer the matter to Collector after registration of sale deed and that too after a lapse of four years u/s 47-A(1) of the Act...........
Stamp Act, 1899, Section 47A -- Market value of property - Enquiry by Registering Authority is a pre-condition for making reference to Collector for determination of market value of property - Determination of market value without notice of hearing to parties is liable to be set aside...........
Stamp Act, 1899, Section 47A -- Market value of property - Registering Officer after registration of document, can refer the same for adjudication before Collector, if he has reason to believe that there was deliberate undervaluation of property - Such a reference is not a mechanical act, but the Registering Officer should have a basis for coming to prima facie finding of..........
Stamp Act, 1899, Section 47A(3) -- Expression `reason to believe' means some material on the basis of which department can re-open proceedings - However, satisfaction is necessary in terms of material available on record, which should be based on objective satisfaction arrived at reasonably...........
Stamp Act, 1899, Section 47A, Tamil Nadu Stamp (Prevention of Undervaluation of Instruments) Rules, 1968, Section 47A(6) -- Market value of property - Provisional order - Collector is obligated to communicate the provisional order to parties concerned in respect of fixation of correct value of property and also the duty payable in Form II - However, after the issue of Form..........
Stamp Act, 1899, Section 47A -- Deficient stamp duty - Sale deed - Permanent construction existing over plot in question - However, petitioner pleaded that such constructions were raised subsequent to execution of sale deed - Once such plea was taken by petitioner, burden shifts upon him as it is only petitioners who could have proved such fact - However, said permanent..........
Stamp Act, 1899, Section 47A -- Deficient stamp duty - Agreement of sale - Entire sale consideration was received by defendant under agreement to sell and plaintiff was permitted to enjoy the scheduled property with absolute rights along with obligation to pay taxes pertaining to land makes it explicit that document in question has all the trappings of sale - Mere..........
Stamp Act, 1899, Section 47A -- Deficient stamp duty - Purchase agricultural land - No construction exists on the plot of land purchased by petitioner, however, no agricultural activity was found to be carried out on the plot - Authorities committed no error in treating the land purchased by petitioner to be residential...........
