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T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
State of West Bengal – Appellant
Versus
Maya Misra – Respondent
JUDGMENT :
Hiranmay Bhattacharyya, J.
1. This appeal is directed against judgment and/or order dated November 25, 2019 passed by the learned Single Judge in WP 93(W) of 2019 directing the Registering Officer to register the deed of conveyance taking into consideration the market value of the property on the date of the agreement for sale.
2. The facts in a nutshell which are necessary for the purpose of disposal of this appeal are as follows:-
3. The respondent filed writ petition praying for issuance of a writ in the nature of mandamus to consider the valuation of the property prevalent in the year 1984 as per the set forth value mentioned in the deed of conveyance and to register the deed of the petitioner. The writ petitioner/respondent filed a suit for specific performance of contract for sale dated September 21, 1984 in respect of an immovable property before the learned Civil Judge (Senior Division 9) Court at Alipore being title suit no. 110 of 2011. The said suit was decreed ex parte in favour of the petitioner on June 30, 2017 directing the vendor to execute a deed of conveyance within a period of 90 days from the date of the decree. Since the deed of conveyance was not execut
In Court-ordered sales, stamp duty applies only to the sale consideration, not to market value, as established by the Transfer of Property Act.
Stamp duty payable on a conveyance will be in accordance with market value of subject property on date of conveyance unless consideration shown therein is more than prevailing market value.
Stamp duty – In case of a public auction monitored by court, discretion would not be available to Registering Authority under Section 47A of Indian Stamp Act, 1899.
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.
Market value for stamp duty must reflect the actual rights transferred, not limited landlord interests.
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.
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