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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SURAJ GOVINDARAJ
Munisanjeevamma, W/o Late Munikrishnappa – Appellant
Versus
State Of Karnataka – Respondent
ORDER
ORDER :
SURAJ GOVINDARAJ, J.
1. The Petitioners are before this Court seeking for the following reliefs:
i. Issue a writ of certiorari quashing the order passed by the R2 bearing No. DUS/VR/04/2007-08/488 dated 30.07.2016 as per Annexure-F
ii. To issue any other writ or direction that, this Hon’ble Court deems fit to grant in the circumstances of the case, in the interest of justice and equity.
2. Sri.Munikrishnappa the husband of petitioner No.1 and father of petitioners No.2 and 3 had entered into an agreement of sale with one Sri.Khader Mohiddin on 3.4.1994 of purchase of land measuring Survey No.110/5 measuring 2 Acers 20 Guntas situated at Vartu village, Vartu Hobli by total sale consideration of Rs.4 lakhs and as on the date of the agreement had paid a sum of Rs.3,50,000/- and the balance amount of Rs.50,000/- was payable at the time of execution of the absolute sale deed.
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3. The said Sri.Khader Mohiddin not having performed his part of the contract, Sri.Munikrishnappa had filed a suit in OS No.759 of 1995 for specific performance of the contract, during the pendency of the suit Sri.Munikrishnappa had expired, and as such, the petitioners were brought on record as his legal h
Stamp duty on sale deeds executed under court decrees for specific performance must reflect the original sale agreement value, not the current market value at registration.
Stamp duty on a Sale Deed must be based on the market value at the time of registration, not the consideration mentioned in the document.
In Court-ordered sales, stamp duty applies only to the sale consideration, not to market value, as established by the Transfer of Property Act.
The possession to be handed over in the future does not make the document insufficiently stamped. The trial court cannot delegate the duty of calculating the stamp duty payable to the office attached....
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