31 December, 2015

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Property In Delhi Can be Registered with Stamp Duty Less than Circle Rate–Hon’ble Delhi High Court

Property In Delhi Can be Registered with Stamp Duty Less than Circle Rate–Hon’ble Delhi High Court

In a Landmark Judgement Delhi High Court has held, on 23 December 2015, that property can be registered with stamp duty less than the circle rate. It has held that the stamp duty paid on a transfer document need not always be in accordance with the prescribed circle rates and that if the valuation and stamp duty is below the circle rates, the procedure as prescribed in Section 47-A of the Stamp Act (as applicable to Delhi) is to be followed and the property can be registered with lesser stamp duty also.
This judgment was delivered by a bench of the Chief Justice G. Rohini and Justice Rajiv Sahai Endlaw in the case of Manu Narang v. Lt. Governor, Government of National Capital Territory Of Delhi [W.P.(C) No.5975/2013 decided on 23 December 2015]

The HC recognized that there may be various reasons for low valuation, such as a property being disputed, having unauthorized occupants, poor location etc. Till now, if the valuation of a property was lower than the prevailing circle rate, the registrar summarily rejected it.
 
Complete Copy of Judgement can be Downloaded from Link Hereunder

http://lobis.nic.in/ddir/dhc/RSE/judgement/23-12-2015/RSE23122015CW59752013.pdf

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