Delhi High Court has clarified that the parties presenting instruments/transfer document of basements of residential properties for registration, if of a consideration lower than the consideration/ valuation in accordance with the circle rates, shall upon their instruments/transfer documents after registration, under Section 47-A being referred to the Collector, be entitled to satisfy the Collector of the consideration/valuation of the subject basement in residential properties being lower than the consideration applicable to instruments/transfer documents of other floors in the same property and the Collector shall proceed to determine the same u/ss 47 A and 27 of the Stamp Act
In a petition before the Delhi High Court a declaration was sought:
That the policy/ practice of construing the basements of residential properties at par with the other floors for the purpose of evaluating the applicable stamp duty, is violative of Articles 14 and 19 of the Constitution of India
High Court stated that notwithstanding anything contained in any order/circular including those impugned in the instant petitions, in the event of the consideration mentioned in the instrument/transfer document presented for registration being less than the valuation as per the prescribed circle rates, the Registrar /Sub Registrar entrusted with the responsibility of registration of the documents, shall,
It was further clarified that the parties presenting instruments/transfer document of basements of residential properties for registration, if of a consideration lower than the consideration/ valuation in accordance with the circle rates, shall upon their instruments/transfer documents after registration, under Section 47-A being referred to the Collector, be entitled to satisfy the Collector of the consideration/valuation of the subject basement in residential properties being lower than the consideration applicable to instruments/transfer documents of other floors in the same property and the Collector shall proceed to determine the same.
[Manu Narang & Anr. vs. The Lt. Governor, NCT of Delhi & Ors.]
(Delhi HC, 23.12.2015)
W.P.(C) No.5975/2013