No en­quiry into mar­ket value of prop­erty after reg­is­tra­tion of sale deed

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Madu­rai Bench of the Madras High Court has ruled that Reg­is­tra­tion Depart­ment can­not hold an en­quiry to find out the mar­ket value of a prop­erty after reg­is­tra­tion of sale deed to find out if cor­rect per­cent­age of stamp duty and reg­is­tra­tion charges has been made.

Jus­tice S Naga­muthu said as per In­dian Stamp Act, 1899, and Tamil Nadu Stamp (Preven­tion Of Un­der­val­u­a­tion of In­stru­ments) Rules, 1968, of­fi­cers could en­quire only be­fore reg­is­tra­tion. The judge held that the of­fi­cer con­cerned could con­duct an en­quiry to as­cer­tain the mar­ket value of the prop­erty by ver­i­fy­ing doc­u­ments, in­clud­ing the guide­line value pre­scribed by the gov­ern­ment. After the en­quiry he should de­mand pay­ment of ex­cess stamp duty and reg­is­tra­tion charges, if any.

If the peo­ple who had pre­sented the doc­u­ment were will­ing to pay the ad­di­tional amount, the of­fi­cer should ac­cept the money, reg­is­ter the sale deed and re­lease the doc­u­ment. If the ex­e­cu­tants filed a protest and dis­agreed with the mar­ket value de­ter­mined by the sub-regis­trar, the deed should be regis­tered and re­ferred to the col­lec­tor un­der Sec­tion 47A of the Stamp Act for ar­riv­ing at the cor­rect mar­ket value.

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