Circular No. 48794/E3/2017, Time Limits for Proceedings under Section 47-A(1)

What the circular governs

Registration Department Circular No. 48794/E3/2017 dated 14 December 2017 deals with registered instruments subjected to undervaluation proceedings under section 47-A(1) of the Indian Stamp Act, 1899. Such instruments are referred for determination of the correct market value.

The circular follows amendments communicated through Commercial Taxes and Registration (J1) Department G.O. No. 174 dated 28 November 2017. It replaces the earlier administrative instruction allowing 30 days for registration officers to send documents for market value determination with a 15 day time limit.

Who is affected

Registration Department Circular No. 48794/E3/2017 is directed to:

• All Sub-Registrars and District Registrars.
• District Revenue Officers (Stamps).
• Special Deputy Collectors (Stamps).
• Deputy Inspectors General of Registration.
• Document holders whose instruments are referred for possible undervaluation.

Property buyers or owners may be affected when the registering officer considers that an instrument requires proceedings under section 47-A(1). The prescribed referral and notice steps concern the official process for determining market value.

Key time limits

The amendments and instructions set the following deadlines:

• A registering officer must refer an instrument under section 47-A(1) to the Collector within 15 days from the date of registration.
• The Tamil instructions direct registration officers to send the instrument to the District Revenue Officer (Stamps) or Special Deputy Collector (Stamps) within 15 days from the date it was presented for registration.
• The District Revenue Officer (Stamps) or Special Deputy Collector (Stamps) must send Form 1 notice to the document holder within 15 days from receiving the instrument for market value determination.

The source therefore uses both the date of registration and the date of presentation for registration when describing the first 15 day period. It does not state any separate deadline for completing the final market value determination.

Administrative follow-up

Registration Department Circular No. 48794/E3/2017 instructs the responsible officers to follow the revised deadlines without fail and take appropriate action. Sub-Registrars, District Registrars, Deputy Inspectors General of Registration, District Revenue Officers (Stamps) and Special Deputy Collectors (Stamps) were also asked to acknowledge receipt through the stated departmental reporting channels.