9911796707
TMI Blog1995 (11) TMI 450X X X X Extracts X X X X X X X X Extracts X X X X ..... e appeals. The respondents had entered into an agreement of sale on March 4, 1989, to purchase from the vendors, Virender Singh and Rupinder Singh, a portion of house (Kothi No. 519) situated in Model Town, Jallandhar, of an extent of 20 marlas for a consideration valued at ₹ 9,700/- per marla and they appear to have paid as earnes money of ₹ 95,000/-. The sale deed was required to be executed and registered before November 30, 1989. Few days prior to the aforesaid date the instrument appears to have been valued at ₹ 50,000/- and stamp duty was paid and presented for the same. The Sub-Registrar, Jallandhar, opined that prevailing market value was not less than ₹ 15,000/- per marla and, on that basis, he required t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esaid and the deficient amount of duty, if any, shall be payable by the person liable to pay the duty. (3) The Collector may suo motu, or on receipt of reference from the Inspector General of Registration or the Registrar of a district, appointed under the Registration Act, 1908 (Central Act No.16 of 1908) in whose jurisdiction the property or any portion thereof which is the subject matter of the instrument is situate, shall, within two years from the date of registration of any instrument, not already referred to him under sub-section (1) call for and examine the instrument for the purpose of satisfying himself as to the correctness of its value or consideration, as the case may be, and the duty payable thereon and if after such exam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the value of the property or consideration, as the case may be, has not been truly set forth in the instrument, after registering such instrument, to refer the same to the Collector for determination of the value of the property or the consideration, as the case may be, and the proper duty payable thereon. It would, therefore, be clear that the Registering Authority has to satisfy himself that value of the property or the consideration for it has not been truly set forth in the instrument. He may make a reference to the Collector in accordance with the provisions of sub-section (2) of Section 47A. Before making reference, he is required to register the document and he is not empowered to withhold the registration. Such a registration, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... satisfy himself, before registering the document, whether true price is reflected in the instrument as it prevails in the locality. If he is so satisfied, he registers the document. If he is not satisfied that the market value or the consideration has been truly set forth in the instrument, subject to his making reference under Sub-section (1) of Section 47A, he registers the document. Thereafter, he should make a reference to the Collector for action under sub-section (2) and (3) of Section 47A. Accordingly, we hold that the offending instructions are not consistent with sub-section (1) of Section 47A. It would, therefore, be open to the State Government to revise its guidelines and issue proper directions consistent with law. The appe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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