Circular No. 7482/L1/2003-1, Sending undervalued documents and informing parties, 31 March 2003
The Head of the Tamil Nadu Registration Department issued Circular No. 7482/L1/2003-1 on 31 March 2003, directing registering officers how to handle documents presented below the guideline value. When such a document is referred to the Special Deputy Collector (Stamps) under Section 47-A(1) of the Indian Stamp Act, the officer must record a clear reason, inform the parties and send a copy of that notice with the referral.
What the circular governs
Circular No. 7482/L1/2003-1, issued by the Head of the Tamil Nadu Registration Department on 31 March 2003, concerns documents presented for registration at a value below the guideline value. It supplements instructions contained in Registration Department Circular No. 44278/L1/2002 dated 11 September 2002 and 21 January 2003.
The circular deals with the initial view taken by the registering officer and the procedure for sending an undervalued document to the Special Deputy Collector (Stamps) under Section 47-A(1) of the Indian Stamp Act.
Who it affects
Circular No. 7482/L1/2003-1 applies directly to registering officers who receive documents for registration. It also affects parties to a document when the value stated in that document is below the guideline value and the document is referred to the Special Deputy Collector (Stamps).
The communication was addressed to all Deputy Heads and all District Registrars. Deputy Heads were instructed to obtain acknowledgements from District Registrars, and District Registrars were instructed to obtain acknowledgements from Sub-Registrars.
Key instructions
Circular No. 7482/L1/2003-1 gives the following directions:
- Presentation of a document for registration at a value below the guideline value may itself provide the registering officer with an initial basis to consider that the document has been undervalued.
- The registering officer must clearly state the reason for considering the document undervalued.
- If the document is sent to the Special Deputy Collector (Stamps) under Section 47-A(1) of the Indian Stamp Act, the parties must be informed of that referral.
- Registering officers must ensure that a copy of the notice given to the parties is sent with the referral details to the Special Deputy Collector (Stamps).
Practical effect for property parties
Circular No. 7482/L1/2003-1 means that a party should not be left unaware when a document presented below the guideline value is referred for stamp valuation. The registering officer must communicate the referral and create a record of that communication for transmission to the Special Deputy Collector (Stamps).
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Common questions
Can a Sub-Registrar treat my document as undervalued merely because its value is below the guideline value?
Yes. Circular No. 7482/L1/2003-1 says that presenting a document below the guideline value may be an initial basis for the registering officer to consider it undervalued, but the officer must clearly record the reason.
Must I be told if my document is referred for stamp valuation?
Yes. When the document is sent to the Special Deputy Collector (Stamps) under Section 47-A(1) of the Indian Stamp Act, the registering officer must inform the parties.
What record of the notice must the registering officer send?
The registering officer must send a copy of the notice given to the parties along with the referral details to the Special Deputy Collector (Stamps).
Which registration officials received these instructions?
The circular was addressed to all Deputy Heads and all District Registrars. It also required acknowledgements to be obtained down the administrative chain from District Registrars and Sub-Registrars.
