Circular No. 7482/L1/2003-1, dated 31 March 2003
The Head of the Registration Department issued Circular No. 7482/L1/2003-1 on 31 March 2003, directing registration officers to notify the parties when a document presented below the guideline value is sent to the Special Deputy Collector (Stamps) under Section 47A(1) of the Indian Stamp Act. The officer must clearly record the reason for treating the document as undervalued and send a copy of the notice to the Special Deputy Collector (Stamps).
What the circular covers
The Head of the Registration Department issued Circular No. 7482/L1/2003-1 on 31 March 2003. It concerns documents presented for registration with a value below the guideline value and the procedure for sending such documents to the Special Deputy Collector (Stamps) under Section 47A(1) of the Indian Stamp Act.
The circular refers to earlier instructions issued by the Head of the Registration Department through Circular No. 44278/L1/2002 dated 11 September 2002 and Circular No. 44278/L1/2002 dated 21 January 2003.
Duties of the registration officer
Circular No. 7482/L1/2003-1 gives the following directions to registration officers:
- When a document is presented for registration below the guideline value, the registration officer may initially consider that it has been presented with an undervaluation.
- The registration officer must clearly state the reason for reaching that initial view.
- If the document is sent to the Special Deputy Collector (Stamps) under Section 47A(1) of the Indian Stamp Act, the parties must be informed of that action.
- A copy of the notice given to the parties must be included with the information sent to the Special Deputy Collector (Stamps).
- Registration officers must ensure that the notification and forwarding requirements are followed.
Who may be affected
Circular No. 7482/L1/2003-1 affects parties presenting a document for registration at a value below the applicable guideline value. Such parties should receive notice if the registration officer sends their document to the Special Deputy Collector (Stamps) for action concerning undervaluation.
The circular is addressed to all Deputy Heads and all District Registrars. Deputy Heads are asked to acknowledge receipt and obtain acknowledgements from District Registrars. District Registrars are instructed to obtain acknowledgements from Sub-Registrars.
Practical significance for property transactions
Circular No. 7482/L1/2003-1 establishes that a referral for suspected undervaluation should not occur without informing the parties. A buyer, seller or other party whose document is referred should therefore know that the registration officer considered the declared value to be below the guideline value, recorded a reason and sent the matter to the Special Deputy Collector (Stamps).
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Common questions
Will I be informed if my document is sent for undervaluation action?
Yes. If the registration officer sends the document to the Special Deputy Collector (Stamps) under Section 47A(1) of the Indian Stamp Act, the parties must be informed.
Can a registration officer treat my document as undervalued merely because its value is below the guideline value?
The circular says that presenting a document below the guideline value allows the registration officer to form an initial view that it has been undervalued. The officer must clearly state the reason for that view.
Who receives a document referred under Section 47A(1)?
The document is sent to the Special Deputy Collector (Stamps). A copy of the notice given to the parties must be sent along with the referral information.
Which registration officials received these instructions?
The circular was addressed to all Deputy Heads and all District Registrars. It also directs District Registrars to obtain acknowledgements from Sub-Registrars.
