D.Dis.No.1380/P1/2024, Revision Petition on Gift Deed
Proceedings D.Dis.No.1380/P1/2024, issued by the Chief Controlling Revenue Authority and Inspector General of Registration, Chennai, on 26 February 2024, allows a revision petition concerning Gift Deed Document No.P.376/2023 at the Sub Registrar Office, Kundrathur. It sets aside the District Registrar, Chennai South order that determined deficit stamp duty of Rs.12,21,285 and a penalty of Rs.215, after finding that the gift for a TANGEDCO substation serving a group housing project falls within G.O.(Ms) No.107, Commercial Taxes and Registration (J1), dated 3 August 2012.
What the proceedings decide
Proceedings D.Dis.No.1380/P1/2024 were issued by the Chief Controlling Revenue Authority and Inspector General of Registration, Chennai, on 26 February 2024. They decide a revision petition filed by M/s.Prestige Estates Projects Limited under section 56(1) of the Indian Stamp Act, 1899.
The authority set aside the District Registrar, Chennai South order dated 29 December 2023 and allowed the revision petition. That earlier order had required deficit stamp duty of Rs.12,21,285 and a penalty of Rs.215 for Gift Deed Document No.P.376/2023.
Property and transaction covered
Gift Deed Document No.P.376/2023 was executed on 7 September 2023 and presented at the Sub Registrar Office, Kundrathur. Its main details are:
- Five named landowners were the donors, represented by their power agent, M/s.Prestige Estates Projects Limited.
- M/s.Tamilnadu Generation and Distribution Corporation Limited was the donee.
- The gift covered 10 cents of land.
- The land was gifted free of cost for establishing a substation for the Prestige Windsor Park residential project.
- The document stated a property value of Rs.100 and bore stamp duty of Rs.100.
- The project comprised six blocks with 637 dwelling units.
Why the revision was allowed
The Chief Controlling Revenue Authority and Inspector General of Registration found that the residential development was a group housing project and therefore came within G.O.(Ms) No.107, Commercial Taxes and Registration (J1), dated 3 August 2012.
The finding relied on the following points:
- The gift deed was executed under regulation 29(12)(b) of the Tamil Nadu Electricity Distribution Code, 2004 for establishing a substation for the residential project.
- The Executive Engineer of TANGEDCO executed the document as donee, confirming its stated purpose.
- A Superintending Engineer’s letter dated 12 December 2023 stated that the gift could be registered under G.O.107.
- The Chennai Metropolitan Development Authority planning permit showed that the project had six blocks and 637 dwelling units.
Who is affected
Proceedings D.Dis.No.1380/P1/2024 directly affect the donors, M/s.Prestige Estates Projects Limited, M/s.Tamilnadu Generation and Distribution Corporation Limited, and Gift Deed Document No.P.376/2023. The decision concerns the stamp duty treatment of this specific land gift and does not state that it changes ownership records, planning permission or the general requirements for every gift deed.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does the gift deed still attract the deficit stamp duty and penalty fixed by the District Registrar?
No. The Chief Controlling Revenue Authority and Inspector General of Registration set aside the District Registrar’s order fixing deficit stamp duty of Rs.12,21,285 and a penalty of Rs.215.
Why was the land gifted to TANGEDCO?
The 10 cents of land were gifted free of cost to M/s.Tamilnadu Generation and Distribution Corporation Limited for establishing a substation for the Prestige Windsor Park residential project.
Why was the project treated as group housing?
The planning permit showed that the residential project comprised six blocks with 637 dwelling units. The authority concluded from the records that it was a group housing project falling within G.O.(Ms) No.107 dated 3 August 2012.
Does this decision apply automatically to every land gift made to TANGEDCO?
The proceedings decide the revision relating to Gift Deed Document No.P.376/2023. They do not state that every gift of land to TANGEDCO automatically receives the same treatment.
