Circular No. 26000/N1/2018, dated 18 June 2018
The Tamil Nadu Registration Department, through the Inspector General of Registration, issued Circular No. 26000/N1/2018 on 18 June 2018. It instructs registration officers on referring documents under Section 47A of the Indian Stamp Act, 1899, particularly when proposing a property value above the market value guideline, and requires reasons, supporting evidence and approval from the District Registrar (Administration).
What it governs
Circular No. 26000/N1/2018, issued by the Tamil Nadu Registration Department through the Inspector General of Registration on 18 June 2018, governs undervaluation referrals under Section 47A of the Indian Stamp Act, 1899. When a registration officer believes that the value stated in a document does not represent the property's proper market value, the original document is sent to the District Revenue Officer (Stamps) or Special Deputy Collector (Stamps) for valuation.
The circular recognises the market value guideline register as the relevant basis for identifying property market value. It also deals with cases where an officer believes that the actual transfer value should be higher than the guideline value.
Who it affects
Circular No. 26000/N1/2018 directly instructs Sub Registrars, District Registrars, District Revenue Officers (Stamps), Special Deputy Collectors (Stamps) and senior Registration Department officers. It can affect property sellers, buyers and other document holders when a registered document is referred for undervaluation proceedings.
The circular records that unsupported higher value recommendations had led to appeals, court cases and delays in returning registered documents to document holders.
Key requirements
Circular No. 26000/N1/2018 requires registration officers to follow these steps:
- If the document value is below the market value guideline, the Section 47A referral must be made using the guideline value.
- If evidence supports a value above the guideline value, the registration officer must obtain approval from the District Registrar (Administration) before making that recommendation.
- A proposal for a higher value must state the reasons, attach supporting documents and contain all details required by the circular's annexure.
- If no value is available in the market value guideline register, valuation and referral must follow the circulars already in force.
- The annexure requires property, document, parties, valuation and stamp duty details. It also asks for the reason the guideline value is unsuitable, supporting sales data and action taken to correct an unsuitable guideline value.
Approval and referral timeline
Circular No. 26000/N1/2018 requires the registration officer to send a proposal needing approval to the District Registrar (Administration) within one week. The District Registrar must decide within one week what value should be used for the Section 47A referral and issue instructions to the Sub Registrar.
The document must then be referred within the applicable 15 day period. The District Revenue Officer (Stamps) or Special Deputy Collector (Stamps) must verify that District Registrar approval exists before acting on a proposed value above the guideline value. Without that approval, the proposal must be returned to the Sub Registrar to obtain it.
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
Can a Sub Registrar recommend a value higher than the guideline value?
Yes. Circular No. 26000/N1/2018 permits a higher recommendation when there is supporting evidence, but the Sub Registrar must give reasons, attach the evidence and obtain approval from the District Registrar (Administration).
What happens if my document shows a value below the guideline value?
Circular No. 26000/N1/2018 instructs the registration officer to make the Section 47A referral using the market value guideline value.
What happens if there is no guideline value for the property?
The registration officer must determine the appropriate value and make the Section 47A referral by following the circulars already in force.
Can stamp authorities act on an above guideline value proposal without District Registrar approval?
No. The District Revenue Officer (Stamps) or Special Deputy Collector (Stamps) must check for approval from the District Registrar. If approval is missing, the proposal must be returned to the Sub Registrar to obtain it.
