Circular No. 48794/E3/2017, Time limits for action on undervalued documents under section 47-A(1), 2017
The Principal Revenue Control Officer and Inspector General of Registration, Registration Department, issued Circular No. 48794/E3/2017 dated 14 December 2017, directing registration and stamp authorities to follow 15 day time limits when handling documents referred for undervaluation under section 47-A(1) of the Indian Stamp Act, 1899. The circular implements amendments sent with Government Order No. 174 of the Commercial Taxes and Registration (J1) Department dated 28 November 2017, and replaces the earlier instruction allowing registering officers 30 days to make a reference.
What the circular covers
Circular No. 48794/E3/2017 dated 14 December 2017 concerns documents subjected to undervaluation proceedings under section 47-A(1) of the Indian Stamp Act, 1899. It gives registering officers and the authorities responsible for determining market value fixed deadlines for the next steps in the process.
The Principal Revenue Control Officer and Inspector General of Registration issued the circular to all Sub-Registrars, District Registrars, Deputy Inspectors General of Registration, District Revenue Officers (Stamps) and Special Deputy Collectors (Stamps).
What changed
Earlier Registration Department circulars instructed registering officers to send an affected document for market value determination within 30 days from its registration. They also required the valuation authority to issue a Form 1 notice within two weeks after receiving the document.
Government Order No. 174 of the Commercial Taxes and Registration (J1) Department dated 28 November 2017 amended the Tamil Nadu Stamp (Prevention of Undervaluation of Instruments) Rules. Circular No. 48794/E3/2017 directs officials to follow the amended time limits:
- A registering officer must refer an instrument under section 47-A(1) to the Collector within 15 days from the date of registration.
- The circular's operational instruction states that registering officers must send documents to the District Revenue Officer (Stamps) or Special Deputy Collector (Stamps) within 15 days from the date the document is presented for registration.
- The District Revenue Officer (Stamps) or Special Deputy Collector (Stamps) must send Form 1 to the document holder within 15 days from receiving the document for valuation.
- Officials are directed to follow these instructions without fail and take appropriate action.
Who may be affected
A buyer, seller or other document holder may be affected when a registering officer treats the declared value in a registered instrument as requiring market value determination under section 47-A(1). The circular does not decide the market value or stamp duty payable. It sets deadlines for referring the document to the valuation authority and for sending the initial Form 1 notice to the document holder.
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Common questions
Does this circular apply to every property document registered in Tamil Nadu?
No. Circular No. 48794/E3/2017 applies to instruments referred for undervaluation action under section 47-A(1) of the Indian Stamp Act, 1899.
How soon must the registering officer refer an undervalued document?
The amended rule requires referral to the Collector within 15 days from the date of registration. The circular's operational instruction describes the period as 15 days from the date the document is presented for registration.
When should I receive Form 1 after the valuation authority receives the document?
The District Revenue Officer (Stamps) or Special Deputy Collector (Stamps) must send Form 1 to the document holder within 15 days from receiving the document for valuation.
Did the circular change the earlier 30 day referral period?
Yes. Earlier circulars allowed registering officers 30 days to send the document for market value determination. Circular No. 48794/E3/2017 directs them to follow a 15 day period.
