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Discrimination in charging of stamp duty in blood relations in Punjab, needs amendment
The Punjab Government, showing a gesture of good-will, has issued notification dated May 7, 2014, to remit the stamp duty in whole chargeable on the instruments pertaining to transfer of immovable property by an owner during his life time to any of his blood relation (i.e. children, grand children, brothers and sisters).
Earlier this exemption was allowed only to a father while transferring the property to his son, as per the letter issued to the Deputy Commissioners in the state, earlier but now during his life time, this facility is extended for transfer of property to grand-sons and grand-daughters ? both of sons and daughters or from sister to brother or  vice-versa by paying stamp duty fee of only two percent provided the ownership of  land is out of rural area agriculture land, commercial, industrials and out of red line.


The interesting point is this that in this notification, it is clear over the transfer of land from sister to her brother but there is no clarification for transfer of land to the family of the brother or legal heirs. In other words, the stamp duty will be exempted only in the event of transfer of land by sister to her brother.  


At the same time, in the case of transferring of land by Bhua (Father's sister) to Bhatija (Nephew ? son of brother), then the stamp duty has to be paid as per the full government rates.  On the other hand, in case of death of a brother, even then his family gets the land transferred on full rates.


While discussing the issue at various levels particularly with the concerned revenue department, it has come to light that none of the official was clear about the factual position of the notification.


Ultimately, in case the government is really serious about exemption about the stamp duty on transfer of land in blood relations but do not accept the blood relations of Bhua (Father's sister), Bhatija (Nephew ? son of brother). In case, it accepts, then the government has to amend the notification exempting the stamp duty on transfer of land in blood relations.


When the issue tried to be discussed with N.S.Kang, Financial Commissioner Revenue, and Secretary Revenue Department Punjab Government, by one of the local  reporter, on his official visit to Ferozepur, first, he refused to have any press conference, for which intimation was given by the Public Relations Department, on the plea that it was a routine meeting, however, advised to send suggestion, if any, through the Deputy Commissioner so that the matter is discussed at length with the Punjab Government, to solve the problem by issuing necessary amendment.


 
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