Can value of the building be rectified?
Mangai Kanniyan
(Querist) 14 March 2019
This query is : Resolved
A tenant purchased a land through SARFAESI ACT where we are running a dyeing factory . Area of the building mentioned in sale deed as 600sqft as if in the parental document. Present building construction area is 19200sqft.Since the value of the auction under SARFAESI ACT is fixed we mentioned the construction area as 600 sqft. But SUB-REGISTRAR OFFICER directed the file FOR AE Buildings and Machineries VALUATION. Report asks the tenant to pay the stamp duty for the 19200sqft. But 19200sqft civil construction done by the tenant during the tenancy period. Now can the sqft and the value of the building can be rectified in the rectification deed even after SRO directed for AE valuation of buildings and machineries? SRO has the power to revlauate the AE BUILDING AND MACHINERIES report?
Dr J C Vashista
(Expert) 14 March 2019
How and why such big discrepancy between documented and ground space ? Unconvincing.
Dr J C Vashista
(Expert) 14 March 2019
What is the opinion and advise of your lawyer?
Mangai Kanniyan
(Querist) 14 March 2019
Yeah there is a big discrepancy in our case. Please help out. Our lawyer gives no proper guidance. We are the tenant who is running a dyeing factory and made 19200sqft civil constructions for dyeing during tenancy period. We participated in auction and bought the land under SARFAESI ACT. Without proper guidance we have mentioned the building area as 600sqft as if in the parent document. Now the issue has raised when SRO asked us to pay stamp to the building constructed by us and also for our machinaries in addition to the auction value. As the report from AE ordered us to pay the stamp for our building and machineries we have approached higher officials in registration department we have rectified the sale deed and altered the building area as 19200sqft instead 600sqft and land value has also been altered but not less than guideline value. We are ready to pay the stamp duty for our machineries for which we can't find old bills. Even then SRO wants to send the document to DR AUDIT and check whether there is any loss to the government. Please now suggest who has the power to check the documents and release it??
H.M.Patnaik
(Expert) 14 March 2019
A sheer gimmick to limit Regn. &process fees payable to Govt. . Whenever, a conveyance deed is prepared to transfer title of immovable property, the current state of the property has to be properly disclosed,so that proper valuation is facilitated.Therefore, irrespective of the original deed, the Registering authority has to satisfy himself that there is no loss of revenue and free to order fresh valuation for the purpose.
P. Venu 
(Expert) 14 March 2019
What do you mean by "A tenant purchased land through SAFAESI Act and we are running a dyeing factory"? How did you acquire title to 19200 sq. ft. land?
kavksatyanarayana
(Expert) 14 March 2019
In the original deed of sale the plinth area was noted as 600 Sq.ft. Then how are you construct the building in 19200 Sq.ft.? very vague. When your advocate is not giving proper guidance, and not satisfied with him, then change him.
