D.Dis.No. 9457/P1/2017, Revision Petition on Pending Document P.59/2012
The Chief Controlling Revenue Authority and Inspector General of Registration, Chennai, issued D.Dis.No. 9457/P1/2017 dated 13 July 2023, dismissing a revision petition concerning an Agreement of Grant of Right of Way registered as pending Document No. P.59/2012 at the Sub Registrar Office, T. Nagar. The authority classified the document as a conveyance because it transferred a 464 square feet undivided share, and upheld the deficit stamp duty of Rs.3,64,200 and penalty of Rs.2,800 determined by the District Registrar, Chennai (South).
What the proceedings decide
D.Dis.No. 9457/P1/2017 dated 13 July 2023 was issued by the Chief Controlling Revenue Authority and Inspector General of Registration, Chennai, under section 56(1) of the Indian Stamp Act, 1899. It decides a revision petition filed by Mr. S. Abhay Kumar Dhoka and Mr. K. Mahaveer Chand Dhoka against the District Registrar, Chennai (South), order dated 21 September 2016.
The dispute concerned pending Document No. P.59/2012 at the Sub Registrar Office, T. Nagar. The document was executed on 3 May 2012 and titled Agreement of Grant of Right of Way.
Property right covered
Document No. P.59/2012 described a common passage measuring 16 feet by 58 feet, totalling 928 square feet. The document stated that a half share in the common passage, measuring 464 square feet as an undivided share, was conveyed by Mr. S. Abhay Kumar Dhoka to Mr. K. Mahaveer Chand Dhoka.
The stated value of the passage was Rs.1,00,000, and the stamp borne by the deed was Rs.7,000.
Arguments and findings
The revision petitioners argued that:
- The agreement only permitted both parties to use the common passage.
- The arrangement was also intended to assist the grantee's physically handicapped son in an emergency.
- The passage had no access to Vaidyarama Iyer Street, so applying that street's guideline value had no basis.
- The grantee had not purchased the common passage from the grantor.
The Chief Controlling Revenue Authority relied on clauses stating that a 464 square feet undivided share was conveyed. The authority concluded that the document transferred land, rather than merely granting permission to use a passage.
Outcome and who is affected
D.Dis.No. 9457/P1/2017 classified Document No. P.59/2012 as a conveyance under Article 23 of the Indian Stamp Act, 1899. It dismissed the revision petition and upheld the District Registrar's determination of:
- Deficit stamp duty of Rs.3,64,200.
- Penalty of Rs.2,800.
The decision directly affects the grantor, Mr. S. Abhay Kumar Dhoka, the grantee, Mr. K. Mahaveer Chand Dhoka, and the processing of pending Document No. P.59/2012 at the Sub Registrar Office, T. Nagar.
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Common questions
Was the document treated only as a right to use a passage?
No. The Chief Controlling Revenue Authority found that the wording conveyed a 464 square feet undivided share of land and therefore classified the document as a conveyance.
How much deficit stamp duty and penalty were upheld?
The upheld deficit stamp duty was Rs.3,64,200, and the upheld penalty was Rs.2,800.
Why was the revision petition dismissed?
The document expressly stated that half of the common passage right, measuring 464 square feet as an undivided share out of 928 square feet, was conveyed to the grantee. The authority therefore concluded that the document transferred land.
Which registration office handled the pending document?
Pending Document No. P.59/2012 was on the file of the Sub Registrar Office, T. Nagar.
