Stamp Duty Muddle: Harassed Citizens cry for clarifications



Updated as on 24 Nov 08



From Mumbai: Stamp Duty Muddle: Flat Owners Harassed, 2008/11/24 at 10:09 AM


I regret to state that there is no clear cut guideline those who have no document such as sale deed of flat, payment paid to seller, but only have transfer of share from seller, who is origional owner of that society piror to 04th July,1980. There were two major calamity heavy rain on 08 & 09th June 1991 and 26th & 27th July 2005, where more than 25% have lot almost all there belomgings including all papers in various socities in Mumbai & SSuburban.

Those who have lost all document there is no guideline and they may not in position to approach court un economical way to have fair deal in respect to Stamp duty for their present occupied residentiial flat. There was no build up area and only carpet was in use for assessing the value of residential flat.

I am one of the affected person residenting in Chembur(E) in approve co.op Hsg. Soc as second flat owner.

Still there are ambiquious stage how much stamp duty likely to pay in case Govt takes legal action against them, whether it is time bar claim by the state or got amended by the elected representative thro. motion and later approval from Governor through proper proceedure.


Purchaser has to follow the rules & regulation prevailing at the the time of purchasing the flat.Whatever stamp duty was applicable at the time of purchase of flat should be paid now if it was not paid at the time of purchase of flat.
How can Maharashtra government collect the stamp duty with retrospective effect by framing a rule in the year 2008?

2008/10/19 at 11:08 AM


Why should a resident suffer for the deeds of the earlier resident and be penalised

Also there is no clarity on the rule


Mayank Bhagat

I hv problem of my fla, purchased in 1984, stamp duty I hv not paid any yet.

I hv not even registered my flat ( my society is registered)

Can you pls help me if you have got any clarification for how 2 pay stamp duty, if any required and how to registered my flat, if required

From Stamp Duty Muddle: Harassed Citizens cry for clarifications, 2008/10/10

Sushma Shintre

I am second purchaser of flat, I purchased flat in the year
1973 and executed agreement on Rs. 3/- Stamp paper.
My flat cost is 1,50,000/-. Conveyance of the said building is done in the year 1972 in which the name of the first owner appears. Am I liable to pay any additional stamp duty under amnesty scheme. Please advise.

From Stamp Duty Muddle: Harassed Citizens cry for clarifications, 2008/09/25 at 3:27 PM

2008/09/25 Approve | Spam | Delete

shrikant kothari |

dear sir,
our documents are mortage with the bank, how should i pay stamp duty & registration…….

i need a solution for this


From Mumbai: Stamp Duty Muddle: Flat Owners Harassed, 2008/09/23 at 3:47 PM

2008/09/23 Approve | Spam | Delete

J K Pareek |

I purchased a flat in the year 1993 for which stamp duty was paid on the basis of agreement Value. At the time of registration, the concerned department put a stamp – ” THIS DOCT. WILL NOT BE REGISTERED UNLESS PRODUCES FOLLOWING REQUIREMENTS -> 1. MARKET VALUE U/S 32A OF B. STAMP ACT AND U/S. 33 OF B. STAMP ACT.

An Order was issued by the competent authority of Govt of Maharashtra permitting for exemption under section 20 of the Urban Land (Ceiling and Regulation) Act, 1976, (33 of 1976) to the said excess land for construction of tenements as per the guidelines issued under Govt Ressolusion, Housing and Special Assistance Depaartment No. SSS-1086/2340/XIII, dated 22nd aug 1986 and No. ULC / (2806)/D.XIII dated 22nd Aug 1988.

One condition of the order was that the final selling price in case of out right purchase shall not exceed Rs. XXX and Second condion was that the flat Purchaser or his family member were not permited to sell or transfer the flat for a five year’s period from the date of completion.

These flats were constructed for the weaker section and were purchased as per normes laid down by the Exemption Order attched with the Agreement Copy. Now I have received a demand Notice from concerned deprtment asking payment for difference in (1) Stampe duty paid at the time of registration on the basis of Agreement Value and payable as per Market Value (2) Registration fee as per above (1) difference and (3) Penalty of Rs.1000/-.

Kindly suggest remedies available for weaker section as explained above for stamp duty calculation and payment.


i purchased a flat in New Mumbai in september 2001 which is CIDCO tender plot for 60years leashold. individual we hav not paid any stamp duty and registration. We r the original member of society. The society has construct the building in 2002. The Lease deed of the society is register along with stamp duty. In lease deed all the original members name ll be also included. The Society issued share certificate to all members and One of the Big Financial Institution has also give loan to purchase these property without making stamp duty and registration individually. The society has issued me the share certificates. plz. advice me whether there is any exemption for such type of socity where the Lease deed has been registered and stamp duty and registration is made. Plz . give me advice whethere I ll pay stamp duty and registration for individually or not. and if not then under which section it ll be excluded. plz. advice me.


Following message is addressed to IGR & Controller Of Stamps on Sept 10, 2008.
Dear Sir,
Govt. was kind enough to extend period upto Oct 31st. However it appears due to lack of infrastructure at stamp office all citizens will not be able to seek advantage. Moreover clarifications issued by govt. on Aug 29 for relief to buyers who executed documents during 1980-85 are not being yet implemented by stamp office.Therefore such small extended period leads to many corrupt practices by paying huge amount to agents and links associated with them. Govt. should extend deadline till they find not more than 20-30 citizens makes queue on a single day. Perhaps Amnesty Scheme should be extended for an Year or so. Although Govt authorities have declared the scheme with good intentions, its implementation has generated confusion and looked by the citizens either as a election propoganda or maintaining confusion or encouraging corruption.

mahendra c. mehta

1. can the agreement be registered and stamp duty paid under general power of attorney ?
2. what is the procedure for registering tenancy agreement
signed in the year 1973.
thanks. mahendra c. mehta

From Mumbai: Stamp Duty Muddle: Flat Owners Harassed, 2008/09/11

jake |

I want to know what is the amount of stamp duty I have to pay, if the agreement on 10/- rs. stamp paper and it is agift deed from a mother to her son. The area is 580 sq ft. built up area. It was gifted in 1989. Please reply Do I have to pay stamp Duty

From Stamp Duty Muddle: Harassed Citizens cry for clarifications,

mment Date Actions

Joe |

I have purchased a flat in the year 1973 at the cost of Rs.37,000/ . the purchase agreement was registered soon after that in the office at old custom house situated in south bombay. the society was registered in 1976. Conveyance is not excuted by the builder. I wa nt to know whether I have to pay stamp duty and what amount?

From Mumbai: Stamp Duty Muddle: Flat Owners Harassed, 2008/09/12


I am one of the unfortunate who bought a flat in Mumbai between 1980 & 1985. I have visited the Bandra East Amenesty scheme twice. Last month one of the officers themselves first told me that there is no amensty scheme available for the persons who purchased the flat between 1980 & 1985. Rs 5/- stamp on agreement was the requirement at that time. Last week the same gentleman officer asked me to hurry and file an application with enclosures which can not be obtained like 25 years old bank statements of the transactions, or IT teturns ( who filed returns thoase days?). Do these officers know about the state of affairs reg. stamp duty!
The agents themselves do not know but quote a fancy price of Rs 13000 to 15000 to get your instrument stamped! & they demand money upfront from the harressed flat owners. At the time of purchase of flat between 1980 to 1985 there was no proper education, awareness of conveyance of the ownership. It was required to register the instrument, if, the society is not registered. Why all of a suddent these flat buyers are to run around the offices from far off places.
Govt. must clarify fast, otherwise it shall tend to become a senseless stamp duty.


I am in real confusion about this now


I understand from Newspaper readings that govt. has issued notification on Aug 29th to regularize documents executed between 80 – 85 as follows.
Stamp duty value is Rs.100 for flat costing below Rs.2.5 lakh. & Rs.7200 + 5% of agreement value for the cost of flat exceeding Rs.5 lakhs. Does any one finds contradiction at stamp offices visited after Sept4th on above information?


Govt. was kind enough to extend period upto Oct 31st. However it appears due to lack of infrastructure at stamp office all citizens will not be able to seek advantage. Even such small extended period leads to many corrupt practices by paying huge amount to agents and links associated with them. Govt. should extend deadline till they find not more than 20-30 citizens makes queue on a single day. Perhaps Amnesty Scheme should be extended for an Year or so. Otherwise intentions of govt authorities are taken for granted either as a election propoganda or maintaining confusion or encouraging corruption.

, 2008/09/07

How the hell does a person pay the dues of a former owner .

Suppose there are three owners,

1.First one A buys from Bulider say in1987 no stamp duty paid

2.He sells to another person B who after few years clears his stamp duty on amnesty scheme .

3. B sells to C the current owner who pays the stamp duty and registers the properties .
Moreover C actually shows the documentsto a nationalised bank who are advance loan

3.Now the society is held up the bulider for conveyance after 20 years

Does C have to pay the stamp duty and at what rate

Prevailing rate

or the rate at whicj A bought from builder

Please revert

, 2008/09/08

R P Roy | |

I had purchased a flat in 1979.
The value then was less than Rs 49000/- for this flat.
Also there was no stamp duty to be paid on it then.
Can someone advice me the correct status for this situation.
I am still resident of the flat.

Sep 2


My flat was purchased in 1979 by my mother , and by her nomination and will was transfered in my name.
Do I have to pay Stamp Duty :

From Mumbai: Stamp Duty Muddle: Flat Owners Harassed,

C J Kumar

I had purchased 875 sq. ft. flat at Bhandup East in 1994. At that time I had paid Rs.16500/- as stamp duty since the price stated in the agreement was Rs.5.25 L. After over 14 years, I have now received a demand notice from Collector of Stamps (Kurla) to pay additional stamp duty of Rs.43459/- When I approached his office I was told my file has been sent to Old Custom House office. On enquiring there I am told the file is not traceable and have been asked to come back after 15 days by which time the amnesty period will be over. The original agreement is still with the Sub-Registrar. What course of action is left to me to avoid penalty and obtain the original document duly registered.

From Mumbai: Stamp Duty Muddle: Flat Owners Harassed, 2008/08/29

Valentine |

I would like to know when MHADA give property on lease for 99 yrs and builder build the flat and sell it off. Now when the person purchase the flat underconstruction and pays full amount of stamp duties and other taxes while taking the possession of flat, is he liable to pay the stamp duty again under Amnesty Scheme. If so how many times he has to pay the stamp duty. Stamp duty under Amnesty Scheme is not very clear and has made many people confusing. I would request the govt. to make clear statement to all people of india for Stamp duty under amnesty scheme. Who has to pay and who should not pay.

From Mumbai: Stamp Duty Muddle: Flat Owners Harassed, 2008/08/28

Vinay |

I Purchased flat in Andheri in 1976, Letter of allotment was given, stamp was not fixed as builder said we had the option of fixing stamp during conveyance; unfortunately conveyance was never done, stamp was not fixed.
Our society was registered in 1988, we have one old electricity bill of 1978 of our society, water tax assessment was done since 1972, Amnesty form alomg with file was not accepted, saying stamp is not there! Before 85, there was option of fixing stamp during conveyance, So why are we not eligible for amnesty!! and what is the Duty or Penalty they expect, if want to clear our Title.

Any Clarification or how should we proceed?
Best Regards,

From Stamp Duty Muddle: Harassed Citizens cry for clarifications, 2008/08/27

R Aiyar |

I purchased a flat in Apr 2000 in Powai from previous owner who had already paid stamp duty and registration charges on the original agreement with the builder in Feb 1993. The original of the second sale agreement was returned to me after ascertaining that the stamp duty has been paid correctly. Now in aug 2008 letter has been received in the name of the previous owner(at my present address) that a stamp duty + penallty amounting to about Rs. 20,000/- has to be paid . Since I do not know the wherabouts of the previous owner, can I ignore this letter. Moreover, there is a clause in the agreement made with the previous owner that I (purchaser) am indemnified of all dues including inadequate stamp duty/ registration in regard to the previous agreement between the seller and builder

From Stamp Duty Muddle: Harassed Citizens cry for clarifications, 2008/08/27

Uday Sane |

My building was built in 1970. I am the second owner who purchased the flat in 2003 after paying stamp duty at that time. I also have the original agreement dated 1970 between the builder and the first owner with me. I could not locate any five rupee stamp on it.

Do I need to pay stamp duty under amnesty scheme. ???

If a society is formed before building and flats are handed over to owner by society , is stamp duty still applicable?

is the stamp duty amnesty applicable to societies formed before 1980?

From Mumbai: Stamp Duty Muddle: Flat Owners Harassed, 2008/08/26

http://Nil | |

I had purchased a resale flat in Feb. 1992 after which I got it registered and paid full stamp duty as per rules. Now, everything that is published is just a mere confusion for good and honest citizens like me. It is now said that if the previous seller has not paid his stamp duty then we as a buyer are liable to pay his stamp duty on the Sale Agreement. Why have these laws cropped up only now?

Where was the Govt. and their laws prior to this? Is this the way the hard working and the middle class people get penalised for no fault of theirs. First and foremost, people sitting in the Govt. Offices are themselves confused and do not reply suitably to any of our queries.

From Mumbai: Stamp Duty Muddle: Flat Owners Harassed, 2008/08/21

viral shah |

i have purchased flat as on 1979 in malad east area having agreement value rs 55000. shall i have to pay stamp duty , if yes how much under amensty scheme.

From Mumbai: Stamp Duty Muddle: Flat Owners Harassed, 2008/08/21

K.K.Mani |

I purchased a flat ( a registered coop housing society) as a member in Malad in 1977,society registered in 1972.Since no stamp duty was required for transactions before Dec,1985, we have only the original share certificate issued in my name.I am occupying the flat since 1977.

Is it necessary to pay any stamp duty now.What will be the amount ?Kindly clarify.The purchase price was only Rs.30,000/-at that time.
Mani K.K

From Mumbai: Stamp Duty Muddle : need for many clarifications, 2008/08/20

Nitin Basrur |

In 1994, my father submitted the 2 sale agreements of his flat (he is the 2nd owner) under the Amnesty Scheme floated in 1994 to the Pune office of the Deptt. of Stamps and Registration, Govt. of Maharashtra. Accordingly, he was issued 2 letters (one for each Agreement), in Marathi by the Deptt., stating that the Stamp Duty (Rs 5/- Stamp on the Agreements) is OK, and that the matter is closed, and to collect the Agreements. So, we collected our Agreements and did nothing more, assuming that nothing more needs to be done.

The Deptt. never said that we should then register the Agreements, which have remained unregistered till date. I still have the Deptt’s letters with me. Now, we are hearing something different. There is utter confusion in this matter.- Nitin Basrur, Pune.

From Mumbai: Stamp Duty Muddle: Flat Owners Harassed, 2008/08/20

S.R.Kantak |

IGR-Pune notification dtd 10/08/06 issued to stamp suprintendant Mumbai was shown to people when people went for taking advantage of amnesty scheme. In this notification it is stated that “agreement prior to 10/12/1985 is considered properly stamped under the Article 5(h).

However it must be noted that when ever you proceed to procure the conveyance you would be liable to pay the full stamp duty on the current market value of your property as applicable under the rules”

Now the point is Housing Association who made great propoganda of scheme has never guided people through their any publication even as latest upto July 2008. They simply took stand many people were not aware of this notification.

Therefore I have a feling that propoganda may be an instrument for gaining just popularity for future hidden gains.

From Mumbai: Stamp Duty Muddle: Flat Owners Harassed, 2008/08/19

Indian Muslims:IMPACT OF JIHAD


Police’s clean chit fails to help techie save job

Nitesh Kumar Sharma | TNN

Jaipur: Rashid Ahmed Khan had an unexpected visitor on June 1. The Special Investigation Team (SIT) was at his door to take him into custody for his suspected involvement in the Jaipur blasts.
Khan was interrogated for eight days before the SIT released him, saying they had no evidence against him. But now, his employer Infosys BPO Ltd has sacked him on grounds of ‘deceit’. Khan has approached the labour commissioner saying his company’s action is “unjustified’’.

The engineer’s detention was highlighted by the Jaipur police as a “major success” in the May 13 blasts probe. The police had detained him for his association with the banned Students Islamic Movement of India (SIMI).

Rashid said he had severed links with the SIMI ever since it was outlawed in 2001. He also came out clean as the police had nothing to prove his involvement in the blasts.
But the exoneration notwithstanding, the BTech engineer’s torment was far from over. Infosys sacked him saying he had lied while taking up his job, claiming to have taught in a college for two years while he had done so for three years.

Khan says he joined Infosys’s Jaipur office on August 10, 2005. Earlier, he worked as a lecturer with an engineering college in Patna, his native town. “As I had worked at the Patna college for three years, but showed an experience of two years as a lecturer, the company raised an objection terming it as a deceit on my part,” Khan told TOI, adding he received a termination letter from the company on August 10.

“When I went back to my company (after being released from the SIT’s custody), I was told to take one week’s rest. After one week, they again gave me another week’s leave. On June 23, I was asked to turn up before a company panel and was told they had some queries regarding my experience as a college lecturer,’’ said Khan.

I have filed an application with the labour commissioner demanding action against the company as allegations levelled against me are baseless. Neither the SIT nor the company could prove anything against me,’’ he added. When TOI contacted labour commissioner S M Meena for comments, he said he was not aware of the complaint.


Indian democracy unfair to Muslims, says Shabana

‘I Couldn’t Buy Flat In Mumbai Because Of My Religion’

New Delhi: Although Muslims are safer in this country than in other parts of the world as they have a stake and space in Indian democracy, Indian democracy is unfair to Muslims, says Shabana Azmi, actor and former MP.

In an interview to a channel, Azmi said, “I think there isn’t enough understanding of the fact that in a democracy how you treat the security of the minority must be very important for the success of a democracy. You can’t only make token gestures and actually let them be in the state that they are as the Rajinder Sachar Committee report shows. So what happens is token gestures are made but real issues are never addressed.”

Azmi said Indian politics has been unfair to Muslims and despite Indian secularism, Muslims are discriminated against. She said she couldn’t buy a house in Mumbai because she was a Muslim. “I wanted to buy a flat in Bombay and it wasn’t given to me because I was a Muslim and I read the same about Saif (Ali Khan). Now, I mean, if Javed Akhtar and Shabana Azmi can’t get a flat in Bombay because they are Muslims, then what are we talking about?”

Talking about the Kashmir violence having a wider communal ramification, she said, “That’s why I am so distressed over what is happening in Kashmir. For heaven’s sake, it should be brought to a stop and it should have been brought to a stop right when they started that nonsense.”

But she agreed it was the responsibility of the Muslim leadership to change their community’s image. “I don’t think the Muslim leadership has bothered to clear the air about what Islam actually is.” TNN

Snippets:Kallumooti the helping dog,

Auto mate Kallumooti

A barking dog is always good, not only because it seldom bites but also because it has great salesmanship potential. At least that’s what the autorickshaw drivers at a railway station in Kerala believe, thanks to Kallumooti. The said Kallumooti, a dog, has brought them precious business, especially at night. For the past five years, the stray has been following a fixed daily routine—it arrives in front of the railway station around dusk and is on duty till early morning, barking to attract the attention of those alighting from trains and buses.

At night, when passengers may find it difficult to find an auto in the dark, Kallumooti lends a helping hand, signalling that there are vehicles waiting to be hired. As and when the passengers get into a waiting autorickshaw, he barks again, indicating that the driver and passenger can proceed.

Suni, an auto-rickshaw driver who comes from a place called Kallumooti in Thiruvananthapuram district, brought the dog from there about five years ago and named him after it. And spending time with Suni soon made Kallumooti adept at hailing passengers.

We two, our 22

Despite what the government says, sometimes two is just not enough to make a family happy. For one particular Madhya Pradesh couple, 22 is the magic number. The couple, which lives in Lakhanpur village near Gwalior, are the proud parents of 22 kids—a feat that could possibly get them an entry into the Guinness Book Of World Records.

“I have to feed all my children by working very hard in the fields and by milking the cows. I teach them myself because I cannot afford to admit them to school. I am seeking the government’s help,’’ said Lakhan Singh, who (understandably) tends to forget the names of his kids. His wife Dakkho Bai adds, “We have 22 children and we feed them with milk and chapatis.

Our youngest child is just two years old.’’ But it’s not only about problems. According to Lakhanpur convention, the person with the biggest family is regarded as the head of the village—and as Lakhan’s record is, for all practical purposes, unbeatable, the hamlet has been named after him.

Dead man waking

He went to feel close to God, but got a little too close for comfort. A pilgrim, who was knocked unconscious in the recent stampede at the Naina Devi temple in Himachal Pradesh, woke up in a morgue to discover that doctors were preparing to perform a post-mortem on him.

Mange Ram, 19, lost consciousness in the stampede that was triggered by rumours of a landslide. “When I woke up, I was in the middle of a row of bodies awaiting postmortem,’’ he said.
“My throat was parched and I asked for water. Towering over me, the doctors and nursing staff at Anandpur Sahib Civil Hospital looked dazed. They must have been surprised to see a dead man come alive like that.’’

Sat Pal Aggarwal, a doctor on the pilgrimage, had an explanation for Mange Ram’s plight: “People were dumped quite haphazardly into trucks without checking if they were alive.”

Astrologers and Tantriks: All varities

There are Good ones and Bad ones

Desi astrologer approached to find lost man in Mexico

Gopal Tekwani was contacted by a Mexican citizen who has been desperately looking for his policeman brother kidnapped by an infamous drug cartel in July


Mumbai astrologer Gopal Tekwani who predicted MNS chief Raj Thackeray’s separation from the Shiv Sena much before he moved out, has now been approached by a Mexican family to trace their son, a police commandant, kidnapped by a drug cartel in Mexico.

On July 14, Commandant Gerardo Valdes was kidnapped by six men while driving in Saltillo in Mexico. Police said an unidentified man called them and claimed that Valdes had been taken by the infamous drug cartel Juarez. The entire police machinery was pressed into service to trace Valdes. Three weeks after Valdes disappeared and with the police having no luck finding him, his brother Norberto approached Tekwani through a common friend.

“Tekwani also predicts the future on the phone. Some of the things he said about me were accurate and that’s when I decided to ask him to help find my brother,” said Norberto, one of the eleven Valdes siblings, who works as consultant for a risk management firm.

Tekwani said, “The family approached me some weeks ago wanting to find out the whereabouts of their son. At this stage I can only say that Gerardo is guarded by two police gun yielding men, dressed up in some kind of army attire. I have also described the features of one of the kidnappers to an artist and have sent it to the family.”

“Norberto contacted me through a common friend called Firdous Patel who works with him in the same organisation,” Tekwani added.

As per reports in the US, the government there has deployed 25,000 soldiers across the country to battle drug gangs which have responded with bold attacks on the military and police. Over 4,000 people have been killed in turf wars, assassinations and shootouts since 2005.


Tekwani, a treasurer of the Bombay Pradesh Youth Congress Committee till 1985, has made a number of accurate predictions. In 2000, he started helping others too. With his level of accuracy, Tekwani has even been approached by Bollywood personalities and politicians.

‘Tantrik’ cheats man of Rs 3.15 lakh

Police raided the Bhayandar apartment of Abdul Sattar and seized a stock of condoms and pornographic material after the victim complained


A s e l f – p r o c l a i m e d tantrik who claimed of curing all ailments, has been arrested from a Bhayandar apartment. A Dadar-based man complained about being swindled of Rs 3.15 lakh by him.

When the Mira Road police raided the tantrik’s apartment, they found used condoms and a stock of fresh condoms as also pornographic materials.
Abdul Sattar, 25, had been operating from an apartment on Navghar Road in Bhayandar (E) for the past few months.

He used to advertise in Marathi dailies and on the local cable about his expertise in curing ‘any’ ailment.

He used to charge around Rs 300 per ‘client.’
Ketan Patel (name changed) had taken his wife to the tantrik for a cure, in early August.

She was mentally disturbed and also had a gynaecological problem. Sattar took her to a room and switched off the lights while ‘examining’ her.
After this, Sattar charged Patel Rs 3.15 lakh as fees to cure her, saying his wife ‘had been possessed by a spirit.’ Patel agreed.
But in spite of paying the entire amount when his wife remained sick, Patel demanded a refund, which the tantrik refused. Patel had taken the amount from his Provident Fund account.

Finally, Patel complained to the Mira Road police station who arrested Sattar under Section 420 (cheating) of the IPC late on Friday evening. Two of his associates are absconding, said PSI Pandurang Khedkar of Mira Road police station.

When the police raided the apartment, used condoms were strewn all over the room where the tantrik conducted his rituals.
Police also seized a carton of condoms.

According to neighbours, every week, a person armed with a video camera visited the tantrik. A few times, the neighbours also saw the person leaving with a bagful of CDs.

“We are investigating whether the tantrik was involved in a blue film racket,” said a police official.

The ‘tantrik’ Abdul Sattar, who was arrested by the Mira Road police

A Shameful Episode of Savagery

THRILLED WITH the UPA’s victory in the trust vote on July 22, Samajwadi Party MLA from Madhya Pradesh Kishore Samrite sacrificed 245 goats and four buffaloes at the Kamakhya temple over the weekend.

Samrite, a self-proclaimed devotee of the Mother Goddess, had reportedly sacrificed a goat for his party’s well being earlier too. He was accompanied by two other party men.

“I’ve come here to invoke blessings for the stability of the UPA government and for world peace,” said Samrite.

Outraged by the act, activists of the Animal rights group People for Animals (Assam chapter) staged a protest outside the temple. “The animal sacrifices were a violation of all ethical norms. We have filed a police report against the legislator,” said Sangeeta Goswami, a PFA activist.

But the MLA argued that animal sacrifice is a centuries-old tradition at Kamakhya and that there was nothing wrong in it.

Meanwhile, People for the Ethical Treatment of Animals (PETA) on Tuesday wrote to SP boss Mu layam Singh Yadav urging them to stop Samrite. “Animal sacrifice has no place in Indian culture.

Killing an animal to cele brate your victory in the parliament is a blatant show of cruelty towards ani mals,” said PETA chief functionary Anuradha Sawhney .

The Kamakhya, a Shakti shrine famous for Tantrik rituals, is one of the 51 holy Hindu peethas.

Mumbai: Stamp Duty Muddle : need for many clarifications

As usual it is always the honest home owner who is harassed. The muddled thinking of Maharashtra government on Stamp Duty has lead to unnecessary harassment of flat owners. Rules are not clear, clarifications only add to the confusion.

A letter from a blog reader is below.

This refers to news item in Mumbai edition of TOI about Flat Owners told to pay stamp duty arrears of earlier tenants, on August 8, 2008, please publish the following in your esteemed Mumbai edition of TOI:

Your news item “Whose Duty is it?” clearly outlines the sad state of affairs about the government’s handling of Stamp Duty issue in the State. The circular issued by those in charge must have been to raise additional revenues for the State, however it has not considered all the legal issues as many court cases have been filed against the circulars, as we understand.

Now it is humbly requested to the Chief Minister to promptly step in and take corrective action immediately. He should ask his trusted officials to make a on the spot study at the serpentine and confused queues at MMRDA offices in Mumbai and find out the mood of the honest citizens including many senior citizens- who are being penalized for no fault of theirs due to in-imaginative circulars.

It is suggested that following steps may be taken to mitigate the problem faced by those who have been asked to pay Stamp Duty before September 8,2008 under the Amnesty Scheme:

a) As there are court case filed against the circulars, the decision from the court may take some time and my not come before Sept. 8, the last date for the scheme should be extended say for 3 months so that correct picture would emerge as to who has to pay and how much.

Since at present papers are being submitted under duress and many persons are misguiding citizens and charging Rs 10,000 to Rs 15,000/- for filing the papers, which it may turn out need not be submitted at all. Is it not causing extra workload at MMRDA offices unnecessarily?

b) Govt should review the circular issued and study whether they are legally correct since to charge stamp duty retrospectively does not seem correct. Also to charge stamp duty at current market price when the flats were bought over 20 to 25 years back when the prices were say 1/100 of price now is illogical. Thus who bought flats before the circular was issued should not be asked to pay stamp duty if the law did not exist when they bought the flat. Thus those who bought flat between 1980 and 1985 should be spared and no stamp duty should be levied.
c) Those who are affected by previous transactions of buyers/sellers should not be asked to for others and if applicable they should be asked to pay only what is due from the current owner and only his transaction.

We hope Chief Minster will take a correct decision and announce the corrective measures before 15 August and issue circular in newspapers in this regard.

From Mumbai: Stamp Duty Muddle: Flat Owners Harassed, 2008/08/11 at 9:04 PM

Car Thieves: May not be just baddies but far worse

Police and Intelligence agencies cannot take car and motor cycle thefts lightly. In almost all cases of daylight shootings and heists it is the stolen motor cycle or car that is used.

Now comes the news of terrorists using stolen vehicles.

Mumbai police in MP to hunt down car thieves
Vijay V Singh I TNN

Mumbai: A crime branch team is in Madhya Pradesh at present, trying to trace a gang of criminals who may be responsible for the theft of the cars that have been used in the Gujarat terror plot. The team has been in MP for the last one week.
The Gujarat police have linked the cars used in the Ahmedabad blasts to a gang from MP. The gang members came to Navi Mumbai, stole the cars from there and then drove them to Bharuch (in Gujarat) and handed them over to their contacts, officials said in Ahmedabad on Saturday.
The crime branch launched a crackdown on car thieves in the Mumbai-Navi Mumbai-Thane belt immediately after the blasts in the Gujarat capital and the discovery of explosives-laden vehicles in Surat.
Irrespective of whether the police succeed in establishing a link between terror in Gujarat and the recent car thefts in and around Mumbai, they have already given Mumbaikars a reason to smile. Officials have arrested nine car thieves from Mumbai and its neighbouring areas and managed to recover 40 stolen cars.
“All nine persons were active in the Mumbai-Navi Mumbai-Thane belt and used to steal cars only on demand,’’ a senior official said on Saturday. “But we are sure that none of these thieves is connected to the terror plot,’’ the official added. Some of the nine criminals are from Mumbai and its neighbourhood but some are from Gujarat and Rajasthan.
It was this lot, though, which put crime branch officials on the trail of the MP gang, joint commissioner of police (crime) Rakesh Maria said on Saturday.
“It was revealed during interrogation that one gang from Madhya Pradesh was very active here,’’ he said, adding, “they would get orders from other states and then come here to steal cars.’’
Wagon R (MH-06/AF-9719) stolen from Panvel was used in the Ahmedabad explosions Maruti 800 (MH-05/H-5764) stolen from Sanpada was used in a blast at an Ahmedabad hospital Wagon R (MH-43/R-3569) stolen from Vashi was found laden with explosives in Surat Wagon R (MH-06/8294) found laden with explosives in Surat; stolen from Panvel
The numberplates of the cars had been changed

Car Thefts:Mumbai: Delhi:A paying ‘dhandha’.

As per the National Crime Records Bureau, a vehicle is stolen in India every six minutes, while the industry estimate of the value of stolen vehicles amounts to a whopping Rs.1,000 crore per year, with passenger cars forming a major chunk of it. The data for the period 2003-05 reflect a 23 per cent increase in vehicle thefts.

Recovery rate is less than 20 %.

Police keep claiming arrests and recoveries every month.

What happens to those arrested?

They are out on bail in a short time, and back ‘Dhandha as usual”

Biggest receiver of stolen vehicles in Delhi is held

Tribune News Service

New Delhi, August 8

The anti-auto theft squad has claimed to have busted a gang of auto lifters. One Rajan Chhatri, the biggest receiver of stolen vehicles in North East is arrested.

On August 6, an information was received that the accused would go towards Silliguri through Defense Colony, in a stolen car. Acting on a tip off, the police reached the spot and arrested the accused. The alleged accused have been identified as Raja Chattri and Deva Lama. Reportedly, a stolen car is recovered from their possession. They are involved in the theft of more than 100 cars.




India’s Financial Capital, Mumbai, Has Become The Biggest Supplier Of Stolen Cars To The Rest Of The Country

Vijay V Singh | TNN

Mumbai: Mumbai’s emergence as the hub of the autotheft industry in India may have to do with your parking problems, believe senior police officials.

“Too many cars and too little parking space mean people have to park their vehicles far from office or home and often on the road itself. This gives thieves more time to break into cars and drive away with them,’’ joint commissioner of police (crime) Rakesh Maria said on Thursday.

The emergence of “specialists’’ is another reason for worry. “We now have key-makers who specialise in different models. There is Jugnu who specialises in breaking into Innovas and there is Istehar who handles only Scorpios. They give the industry an extra edge,’’ an official from the western suburbs said.

Around 3,500 cars are stolen from Mumbai’s streets every year. “We have arrested members of 21 gangs specialising in car thefts in the last 10 months,’’ joint commissioner of police (crime) Maria said.
But that recovery rate, admit officials, is abysmally low, especially with stolen cars used in terror plots adding a new — and sinister — dimension to the problem.

The increasingly “organised nature of the industry’’ and growing “specialisation’’ among car thieves — plus lack of cooperation from other states — are the principal reasons for this low recovery rate.

“This racket is very organised. We have unearthed several cases in which cars were stolen after orders were placed from bihar,’’ an official said. Most cars stolen from Mumbai end up in northern states (like Bihar and Uttar Pradesh) and the seven northeastern states and even Nepal.

“All these states (and Nepal) have one thing in common: the roads there are very bad. So many of the orders that thieves here get are for the tough multi-utility vehicles that can take bad road conditions in their stride,’’ he added.

There are usually four links in a car-theft chain and officials here say it becomes virtually impossible to get back a stolen car after the chain enters another state. The first link in the chain is usually a secondhand car seller in another state. He gets in touch with his agent who, in turn, calls up a Mumbai agent and it is this person who talks to the person who steals the car.

“The Mumbai agent can almost never lead us to the agent from another state and that is where the lead goes cold. This is the most important reason for the low rate of recovery,’’ an official said.

WHAT THEY DO Most thieves follow a similar modus operandi after they steal your car or two-wheeler

The licence plate of the car is changed and it is kept at an isolated spot for a few days. This is done to ensure that the car is shipped out or sold off only after cops slacken their hunt after some time. A car is seldom repainted or remodelled. The receiver (or the first buyer) of the stolen car sends across duplicate papers to the car thief; the forged papers are often from other states. The car is sold or, in many cases, driven outside the state with the new licence plate and registration papers after the heat is over.

WHAT YOU SHOULD DO Follow this procedure if you lose your car

Go to the police station and lodge a complaint immediately; this will help you clear yourself of any blame if your car has been stolen for use in any criminal activity. Inform your insurance company and the RTO.

Insurance firms insist on a police certificate, saying your car has been stolen and cannot be traced; this comes after 90 days to give enough time to the police for a probe. Insurance claims are usually settled in two weeks; but account for depreciation with time when you get the money. THE BIG GUNS A few key players control much of the car-theft racket in city


MUBIN QURESHI has more than 100 car-theft cases against him; but he is in jail right now.

MULCHAND GUPTA runs Qureshi close on the history sheet; he is on the run and is under the scanner for the recent thefts from Navi Mumbai.

ASIF alias GUDDU and RAJA BHAIYA head two other gangs of car thieves in the city; cops do not know the whereabouts of either.

MANIGANDHAN from Tamil Nadu works differently; he gets in touch with car thieves and comes to Mumbai every time there is a consignment and then drives the car back to TN; he has been caught once but is now out on bail.

RAJU SONI is another big name who sells cars stolen in Mumbai in other Indian states; he is on the run.

Around 3,500 cars are stolen from the city every year, making Mumbai the largest supplier of stolen cars.

Mumbai: Stamp Duty Muddle: Flat Owners Harassed

Flat owners told to pay stamp duty arrears of earlier tenants

Nauzer Bharucha | TNN

Mumbai: Thousands of flat owners queuing up everyday to take advantage of the state government’s stamp duty amnesty scheme have been left totally confused due to the lack of clarity in its implementation. As per the scheme, which commenced in June, flat owners have until September 8 to pay stamp duty at the rate that was applicable when the property was bought.

But what comes as a major jolt to many is a little known 2006 circular issued by the state inspector general of registration and controller of stamps which holds that the
current owner is liable to pay the unpaid stamp duty of the previous occupant of the flat at the current market value.
“If there has been a chain of transactions involving a flat over the past two decades and no stamp duty has been paid as required under the sale deed, the present owner must pay the stamp duty on all the earlier sale deeds,’’ said Ramesh Prabhu, chairman of the Maharashtra Societies Welfare Association. “Not many people know that such a circular exists,’’he added.

A senior official of the stamp duty and registration department at the old Custom House in south Mumbai told TOI that it was the duty of the owner to find out all the details of the property that he\she was purchasing.
Amnesty Scheme

The amnesty scheme was announced early this year. People who had evaded stamp duty on their property purchase agreements can now regularise their transactions with a token penalty of Rs 500 for stamp duty of Rs 25,000 and a Rs 1,000 fine for stamp duty over Rs 25,000. Once the scheme ends on September 8, residents will have to pay a 2% penalty on the total duty amount per month from the date of the flat’s purchase, with the maximum limit being 200%. WHOSE DUTY IS IT? Flat Owners Told To

Pay Levy That Previous Buyers Of Their Homes Didn’t Clear

Mumbai: Although a flat owner may have paid his stamp duty, he is liable to also pay the duty that previous owners of his flat did not pay, said a state government official who sits at Old Customs House. However, he hinted that discussions were on within the department to see how this issue could be resolved.

A 2006 circular calls for the payments on previous agreements. “Any legislation with retrospective effect is regressive. What makes this especially odious is that it holds the current incumbent of the property liable for taxes on past transactions that earlier did not attract such stamp duty,’’ said an angry Suresh Mehta, resident of a cooperative housing society in the western suburbs. “It also threatens him with confiscation of his property just because he is a soft target.”

The issue surrounding the 2006 circular has come up while stamp duty defaulters are being identified so that they can clear dues under a current amnesty scheme. “Unlike other amnesty schemes which are aimed at earning revenue from tax dodgers and willful defaulters, this one aims at making legitimate duty payers declared as defaulters for no fault of theirs,’’ Mehta added.

Chembur resident Sanjay Kothary, one of the thousands wanting to take advantage of the amnesty scheme, said, “How can any flat or shopowner produce documents as far back as two to three decades on transactions he was not a party to? In most cases, he may not even have been born and the parties that were involved may have died or emigrated, making it impossible to get sale deeds.’’

Ramesh Prabhu, chairman of the Maharashtra Societies Welfare Association, pointed out another lacuna.

“People who have purchased flats between 1980 and 1985 are being told they have to pay stamp duty on the current market value. The department’s strange logic is that between 1980 and 1985 there was no provision to collect stamp duty on the sale agreement, but it was to be recovered at the time of conveyance as per the current market value,’’ he said.

For example, if a person purchased a flat in 1980 for Rs 1 lakh, the stamp duty then would have been a mere Rs 11,000. But now, the department wants him to pay the stamp duty on the present market value. If the flat costs Rs 1 crore today, the duty works out to a hefty Rs 5 lakh.

Prior to July 4, 1980, parties tended to enter into an agreement where people grossly undervalued properties. It was only later that the government introduced the ready reckoner rates to determine the true value of property.

Prabhu also complained that the allotment letters issued by societies to flat owners were being rejected by the stamp office. On the other hand, allotment letters issued by Mhada were being accepted.
Stamp duty is a tax collected by the state government on different documents executed in the state as per the Bombay Stamp Act, 1958. The Act specifies 63 documents, one of them being the agreement for property sales

Before December 10, 1985, stamp duty was only Rs 5 on the agreement for sale. But the second document executed after the transaction—sale deed/transfer deed/conveyance/possession letter—carried a stamp duty of: 10% for upto Rs 50,000, 12% for Rs 50,000 to Rs 1 lakh and 15% for over Rs 1 lakh

On December 10, 1985, the government amended the Bombay Stamp Act by merging the agreement for sale and sale deed. Stamp duty on residential properties was reduced to 1% for property worth upto Rs 2.5 lakh, 4% for Rs 2.5 lakh to Rs 5 lakh, 6% for Rs 5 lakh to Rs 7.5 lakh, 8% for Rs 7.5 lakh to Rs 10 lakh; and 10% for over Rs 10 lakh

In 2004, the state reduced the maximum slab to 5% for all properties valued over Rs 5 lakh


While pre-1980 and post-1985 agreements can be stamped on market rates at time of purchase, officials want to use prevailing rates to stamp 1980-85 agreements

State has not issued directives for documents executed prior to December 10, 1985

People don’t want to pay duty on past transactions

Serpentine queues. Clerks refuse to accept documents

People claim that the officials themselves areconfused.


To avail of the amnesty scheme, fill up the prescribed application form available with various stamp offices located at Old Customs House, Fort; MMRDA headquarters, Bandra-Kurla Complex; and Collector of Stamps, near Chembur flyover

Notarised affidavit giving details of the property Original property agreement

One piece of evidence proving date of execution of document, such as electric bill, BMC assessment bill, phone bill, share certificate, ration card, passport, etc

Society letter showing area of flat, year of construction, floors, city survey number, etc

Rule is ‘morally unfair’

Kumar Sambhav | TNN

For the residents of Green Field society in Lokhandwala Complex Andheri (West), Vijay Ranglani is the person who is supposed to answer their housing queries. But on the amnesty scheme, the secretary of the society has no answers.
“People are asking a lot of questions, but I am unable to give a convincing answer. What can I do when things are unclear even from the law’s side?’’ asked Ranglani. “Nobody is clear on which road to follow. We have approached the MMRDA and the Stamp Collector’s office, but they also are confused.’’

He said flat owners are unwilling to pay duty on previous agreements. “People say it is morally unfair for them to pay for agreements not related to them,’’ he explained.

Ranglani said the laws should not be so complicated. “The process should be simple. If a person has not paid the duty on the last agreement, he or she should be fined for that only and the flat should be regularised,’’ he added.

Even God cannot save this country: Supreme Court

Even God cannot save this country: Supreme Court

5 Aug 2008, 1902 hrs IST,PTINEW DELHI: “Even God will not be able to save this country,” a fuming Supreme Court on Tuesday said while slamming the government for its refusal to amend the law for launching criminal prosecution against those who illegally occupy official houses. ( Watch )

    “We are fed up with this government,” the apex court said, adding “They don’t have the guts to differ with the opinion of the clerks.”

     “Even God will not be able to save this country. In India even if God comes down he cannot change our country. Our country’s character has gone. We are helpless,” a bench of Justices B N Aggrawal and G S Singhvi observed.

     The apex court said PILs are being filed before it by people who are vexed with the approach of the government on various issues.

     “You complain about judicial activism when you are in power. When you are not in power you come to us for remedy,” the bench remarked.

     The bench gave vent to its anger as the Additional Solicitor General Amarender Saran bluntly told the court that the Union government has decided not to amend Section 441 IPC (criminal trespass) for prosecuting squatters of government accommodation in the country.

    The government took the stance that the existing provisions provided under the Public Premises Act was sufficient to evict those illegally occupying government accommodation. Moreover, it claimed that out of 99,100 government houses only 300-odd dwellings were under unauthorised occupation for which had been made to evict them.

     But this did not satisfy the apex court which said the government does not have the guts to take on the offenders

Insuarance companies taken to task by Supreme Court

‘Indifferent’ insurance companies face SC ire

Court Slams ‘Take It Or Leave It’ Attitude On Claims

Dhananjay Mahapatra | TNN

New Delhi: There’s good news for motor vehicle owners who are mandatorily required under the law to insure their vehicles but face indifferent attitude from insurance companies when they seek compensation for accidental damage. Not only has the Supreme Court sympathised with their suffering, it has also lashed out at them for adopting a ‘take it or leave it’ attitude.

Whenever a claim is put forth before an insurance firm to compensate the cost of repairs of an insured vehicle which has met with an accident, they arrive at a figure at their whim and fancy and put the onus on the owner to either take it or leave it, the court said.

A bench of Justices Altamas Kabir and H S Bedi said Section 146 of the Motor Vehicles Act made it mandatory for owners to take insurance cover for vehicles and failure to do so was a punishable offence.
It was obvious that insurance companies enjoy a dominant position due to this stringent provision and act in an unreasonable manner, the SC said, adding they often fix a value of a particular insured good, but disown that very figure on one pretext or the other when they are called upon to pay compensation.

“This ‘take it or leave it’ attitude is clearly unwarranted not only as being bad in law but ethically indefensible,” the bench said. The insurance firm was bound by the value of the vehicle at the time of renewal, it added.

The case in question related to the insurance policy for a Tata Sumo for which Oriental Insurance Company was paid a fee reducing every year due to depreciation in the value of the vehicle. At the time of the policy’s last renewal, the value of the vehicle was accepted at Rs 3,54,000 in 2002.
Shortly after the renewal, the car met with an accident and the repair cost was put at Rs 3.37 lakh.

But the insurance firm assessed the compensation at Rs 1.04 lakh and when the owner disputed it, it did not pay a penny. The district consumer forum refused relief, accepting the insurance firm’s stand that the vehicle’s driver did not have a licence.

The Madhya Pradesh state forum allowed Rs 1.04 lakh. But the national consumer forum directed the insurance firm to pay Rs 1.80 lakh with interest.

The SC, allowing the appeal of vehicle owner Dharmendra Goel, asked Oriental Insurance Company to pay Rs 3.44 lakh as compensation. As the accident took place seven months after renewal of the insurance policy, it reduced the estimated value of the vehicle by Rs 10,000.