Official guidance, Tamil Nadu land law
D.Dis.No. 19458/P1/2018, Revision Petition Final Order, 2018
The Chief Controlling Revenue Authority and Inspector General of Registration, Chennai, issued D.Dis.No. 19458/P1/2018 on 30 August 2018, allowing a revision petition by Saint Gobain India Private Limited. It held that the company’s conversion from a public limited company to a private limited company did not transfer its leasehold rights or create fresh rights, set aside the deficit stamp duty and penalty, and treated the document as a duly stamped affidavit.
What the decision covers
The Chief Controlling Revenue Authority and Inspector General of Registration, Chennai, issued D.Dis.No. 19458/P1/2018 on 30 August 2018 under section 56(1) of the Indian Stamp Act, 1899. The proceeding concerns Document No. P117/2017 presented at the Sub Registrar Office, Sunguvarchatram by Saint Gobain India Private Limited.
The document was titled “AFFIDAVIT”, stated no value and carried stamp duty of Rs.100. The District Registrar, Chengleput had classified it as a transfer of lease under Article 63 and demanded deficit stamp duty of Rs.99,21,785 together with a penalty of Rs.1215.
Background to the affidavit
Saint Gobain Glass India Limited had entered into lease deeds with the State Industries Promotion Corporation of Tamil Nadu Limited for 181.47 acres in Mambakkam and Pondur A villages. The leases were for 99 years.
The company later converted from a public limited company into Saint Gobain India Private Limited. The Registrar of Companies approved the conversion and issued a fresh certificate of incorporation on 31 December 2014. The State Industries Promotion Corporation of Tamil Nadu Limited directed the company to register an affidavit so that the conversion could be entered in its lease records.
Findings and outcome
The Chief Controlling Revenue Authority and Inspector General of Registration found that:
- A change of company name following conversion does not change the company’s legal identity.
- Existing rights and obligations continue despite the change of name.
- The affidavit did not transfer ownership or leasehold rights.
- The affidavit did not create fresh rights or obligations in favour of the company.
- The document was duly stamped as an affidavit, rather than as a transfer of lease.
The District Registrar, Chengleput’s decision was set aside, and the revision petition filed by Saint Gobain India Private Limited was allowed.
Who is directly affected
D.Dis.No. 19458/P1/2018 directly affects Saint Gobain India Private Limited and Document No. P117/2017. For readers examining property held under a company lease, the decision distinguishes a record of company conversion and name change from an instrument that actually transfers leasehold rights.
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
Did the authority treat the company name change as a transfer of lease?
No. The Chief Controlling Revenue Authority and Inspector General of Registration found that the conversion and name change did not transfer leasehold rights or create fresh rights.
Was the deficit stamp duty demand upheld?
No. The demand for Rs.99,21,785 in deficit stamp duty and Rs.1215 as penalty was set aside.
How was Document No. P117/2017 ultimately classified?
It was treated as a duly stamped affidavit, not as a transfer of lease under Article 63.
Why was the affidavit registered?
The State Industries Promotion Corporation of Tamil Nadu Limited directed Saint Gobain India Private Limited to register it so that the company’s conversion could be entered in the records relating to the lease documents.
