Thursday, November 25, 2010

SDM orders enquiry into conveyance deed of BSF Cooperative Housing Society, Gwal Pahari

From The Times Of IndiaTanushree Roy Chowdhury, TNN, Nov 25, 2010, 12.14am IST

GURGAON: In what could turn out to be loss of several thousands for the exchequer, a local SDMs court has ordered an enquiry into the conveyance deeds of a housing society and have said that the difference in amount has to be realised from it. 

Taking cognizance of a complaint regarding the wrongful registration of a flats conveyance deed, the court of Naresh Narwal, Collector-cum-SDO (Civil), Gurgaon-South, has ordered the Sub-Registrar concerned to examine all conveyance deeds of the BSF Cooperative Housing Society, Gwal Pahari. 

Hearing the matter, the court found that one K K Verma had purchased a flat in the Cooperative Housing Society from M S Yadav for an amount of Rs 17 lakh. 

However, the flats cost as declared in the conveyance deed has been shown at one-sixth the price Rs 2,65,248 thus paying much less stamp duty to the government than due. 

While Verma maintained that of the total Rs 17 lakh, he has paid Rs 4,51,300 for the flat and Rs 12,48,700 for its furnishings; Yadav asserts that the society had got the flats sale deed registered in wrong way, defrauding the exchequer. 

Stating that this was not an isolated case of stamp duty evasion, Yadav alleged that the society had got nearly 200 conveyance deeds registered wrongfully, thus cheating the government exchequer to the tune of crores. 

According to sources, the matter could just be the tip of an iceberg and many such and much bigger cases could be detected if a thorough probe was conducted. 

In his order, Narwal clarified that the registration of the first transaction between the colonizer/HUDA and the original allottee was to be done on the basis of the original sale price charged by the colonizer/HUDA and for subsequent transactions, the rates prescribed by the Collector should be kept in mind. 

However, in case an original allottee is substituted by some nominee or any other person, then even for the first transaction by the colonizer/HUDA, the Collector rate may be made applicable for the registration, the 
order states. 

The court also observed that the sale deed had not been registered as per the Indian Stamp Act and prescribed government guidelines and the SDM asked Verma to pay the difference in the actual stamp duty due on the flat and that paid by him within a month. 

The SDM also directed the Sub-Registrar, Sohna, to examine all conveyance deeds registered by the society and realise the balance amount within three months by issuing a notice to the society. 
http://timesofindia.indiatimes.com/city/gurgaon/SDM-orders-enquiry-into-forged-conveyance-deeds/articleshow/6984207.cms

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