Can notice under 47A of stamp act be issued and served after 3 years
12-Sep-2023 (In Civil Law)
My Query is that : Whether Notice under section 47A of the stamp Act can be issued and served after 3year from the date of Registry? Whether Notice can be issued without mentioning the date of Notice? If SDM is not ready to accept direction of High court then what is our right.
Thats called LIMITATION. Under Limitation Act, registry is challengable under DC, SMD, Tehsildar etc. for three years. After three years, it comes under Civil Court. It only happens when there is any deficiency of stamp paper brought by you. Date of Notice not mentioned is clerical mistake. For High Court,you can file a application for not following the direction.
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limitation of four years in Sub-section (4) of Section 47-A applies to the action which may be initiated by Collector and not to a reference from any court or other authority enumerated in sub-section.
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