NAHIMA BEGUM Vs. INSPECTOR GENERAL OF REGISTRATION

JUDGEMENT

(1.) THE petitioners have filed Application No.6248 of 2010 in O.P.No.172 of 2004 for impleading themselves in the said original petition, which was filed by N.Selvarajolou Chetty Trust seeking permission to sell the trust property at the price fixed by the Court, after issuing public advertisement. THE property of the trust is to an extent of 2312 sq.ft. comprised in Survey No.4130/2 and 4131 in O.S.No.3081, bearing Old No.34, New No.36, Rajaji Salai, Chennai 600 001.

(2.) PURSUANT to the advertisement issued as per the direction of this Court in the said original petition, it appears that four offers were received. The highest bidder one Ravi has offered ` 1 Crore and as the same was accepted, this Court directed him to pay the said amount in two instalments, but he committed default. It was in those circumstances the petitioners, who got impleaded in the original petition, have offered to purchase the property for ` 1 crore and the Court accepted their offer and on 18.11.2010, the petitioners paid ` 50 Lakhs in favour of the trust and the remaining amount was directed to be paid on or before 22.12.2010. An order was passed on 1.12.2010 in Application No.6731 of 2010 in O.P.No.172 of 2004 in favour of the petitioners accepting the offer made by them and the petitioners are in possession of the property. The petitioners paid the balance amount on 20.12.2010 and after payment of the entire amount as per the direction of this Court, the sale deed was presented before the third respondent on 21.12.2010 and the same was registered as Document bearing No.496 of 2010 in favour of the petitioners on 22.12.2010 and it is stated that for the value of the property, namely ` 1 Crore, the necessary stamp duty and registration charges have been paid.

(3.) PER contra, Mr.K.Balasubramanian, learned Special Government Pleader appearing for the respondents would submit that even if the purchase is effected through the Court auction, the petitioners have to pay stamp duty on the basis of the guideline value and according to him, the matter has been referred for valuation under Section 47-A of the Indian Stamp Act and the petitioners can work out their remedy before the competent authority.