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Section 3: Furnishing of detail S iatedh B e e Tt i mmu(:)c;t rclatgngllo inll{no‘:leablc property

Bihar Stamps (Prevention of Under-Valuation of Instruments) Rules , 1995State Rules of Bihar · 1899

i g pa ars in the or agricultural land;

(i) Whether the land is ierigated or unirrigated:

(l!) Whether the land is single crop bearing or double crop bearing;

(i) If the land is.an orchard or garden, the details such as number, age and categorics of trees ctc;

(iv) I(E)’[l“her Spar&culurs relating to the nature of the land i.c. Diara, chour, illy, Sandy etc; .

G _® }:t:‘rdnon-ng;l;cult:l.ml Tand of ulrbnn 3: r:xrra} area particulars whether the is residential, commercial or industrial;

’ () In case of building the following particulars : —

(i) Whether kucha or pucca,

(i) If pucca, whether tiled'or reinforced conerete;

(iii) Number of storey;

(iv) The plinth area of ea each storey of floor;

.

(v) The year of construction;

.

(vi) A bricf description of the naturc of sunitary, clectrical and other he building and their quality;

is constructed and its use residential.

€ purpose of section 47A of the sai e said Act.

ment, — (1) These Rules may be called the ch floor or storcy in the building with area of fittings in t!

g

(vii) Area where the building commercial or industrial, , its annual rent. . 2 ~ (\nu)hlll' -:flu‘l'_cl:;'“:,‘-:m of market valug,— (1) If an instrument relates to a number of items of property; he market valuc of cach of the itcm shall be specified scparately. For this P! h the party “:cfl"?lg ‘13“: dm';w::ngw t ‘lcfi 4% uthoriscd agent shall attac a scparatc statement to t| repecsentaiive, =l by the Party exccuting lhep‘:strumcnt, furnishing j | | instrament in form 1V duly sigoed Scanned with CamScanner nz} Bihar Registration Manual all informations specified in rule 3 on the various items of propertics involv_ed inthe transactions and his own asscssment of market valuc of cach of these items scparately;

Explanation : I. —If an instrument covers lands of several, survey numbers, Khata and Khesra scparately;

Explanation : II. —If an instrument relates to more than one item of proper| and one or more such items is or are-a buildinfi or buildings the party executing the document shall attach a separate statement to the instrument duly signed by the party cxecuting the instrument furnishing the particulars specificd in rule 3 (c) and his own assessment of market value of cach such building,

Explanation : ITl. —This rule is intendcd to cross-check the market value disclosed in the instrument for all the propertics mentioned in the instrument jointly, while the parties exccuting document or his legal representative, assignee or authorised agent shall give statement of his own assessment of market value of each item separately, all the duties shall be chargcable on the total market value specified in the instrument or on such total value determined by the Collector on reference.

Explanation : IV. — (1) The statement of market value as required in this rule shall apply only to the instruments of conveyance, exchange, gift, partition or settlement as mentioned in section 47-A of the Act.

(2) The registering Officer shall bef orc, admitting an instrument satisfy himself that the party or his legal representative, assignec or authorised agent has attached with the instrument a statement duly signed by the party executing the instrument, g;ing the market value for cach of the property separatcly as required by sub-rulc

(3) If the market value of the property as required by section 27 of the Indian Stamp Act, 1899 (Act II of 1899) is not setforth in the instrument wherc the property, dealt with there is a single item or the statement giving the market valuc of each property separately as required by sub-rulc (1) above is not attached to the instrument the registering officer shall not accept the document for registration.

(4) The registering officer may for the purpose of finding out whether the market value has been correctly furnished in t ko he deems fit. He may elicit from the parly concerned any information bearing on the subject and call for and examine any record ke,

(5) The registering officer shall look into the lands of rural or urban area of the land/properties of that cat Scanned with CamScanner Appendices o Registration Rules [

(2) The avera p value -of sub-rule (1) penaing‘c Of conveyances of five high ;

cstimated minimuml:aghl.z ggcl:nmqm of ‘“dfl"ol’elflyesslll;fill:l: d‘:,l::l::dfltl fi'é'dfi T:n(:./‘;"d§ provided. that if st oy 1t esegoryn that ara and sl roper thi : . conveyanc .

for registrati)(’;: in :l:ec ategory of a particul i Y opnn, of £ ar area have been regi - Fe precedin, 3 registercd/prescnted estimated minimum value of th:fi Em ncial year the Collector shall determine the the similar lan diproperty of an adjoin .2:2;2; .:hc same rate as that determined for

Explanation : —The ‘Guidelines Re;

merely to assist them to ascertain prima Ja gister’ supplied to the Officer is intended . s ie whether the mark set forth in the instruments. The eni a arket value has becn truly ~ h trics d 1 .

propertics cannot be a substitute for mnrkevf“;.;’rizc.l I;:::he":: r:garde s ol the enquiry of the Collector under scction 47 A of the Actn:;fiem:r :l?: f!":;grzlt?::

of the authorities concerned to satisfy themseh th i of the value expressed in the documZnL s oo

7. Aflter preparing the Guidelines Register of estimated minimum value of land/property, the Collector shall without delay send the same to th isteri Officer concerned for ncedful. Y SRS

8. The Collector shall revise the Guidelines Register of estimated minimum values every two years; provided that any delay in such a revision shall not render current register invalid:

Provided further, that no register which is due for revision for more than a year shall be deemed valid without the prior written consent of the Inspector General, Registration, Bihar. i gZ) The registering officer shall refer such instruments to the Collector along :tlll‘is%rf‘gc{:r::i::ord and shall also maintain a register in Form VI

10. (1) If the value set licd by the Collector but the e : ideli ister su| minimum value indicated in the e :; :nl::rkct value is higher than the Al g to believe that, U t the time registering officer has rcason instruments to the Collcctor a estmated minimum value, he shall ol s'“c‘:lr;fing for fixation of appropriate market . + d 12 cedure laid down 1n Rules 10 an“Ch o straments to tho Collector value as per pro e les and maintain a copy of the same 2) The registering ‘|0Ilg(with FormI tecf::;cd in hi as a record.

" h'slt;l.‘:":medum tobe followed unde isteri fficer 10 the of reference astruments, referred by the Registering 07 et 3 i of the matter of instr! g of the Act for determinalion ¢ - @ lCno:lh:aor under Sectic? 4m1¢Ams(2lled for by the Collector under SEEEG value or the gt 1l be given to the following perso rsection47-A (1)and (3)of the Acton receipt ket e, by e 4“‘,,‘_"A (3| )a rqf e Acl‘l :?ll'fi(:sl the casc may bc).amcndcd dlo the rules Coll p tant by whom the instrument is executed.

favour instrument is execuled.:. o g e Scanned with CamScanner 114 ] Bihar Registration Manual -

(b) Through the above notice the partics or the person coneerned will be directed by the Collector to file their representation and adduce cvidence regarding . the value of the property.

(c) Ifthe Collector considers it necessary he may record the statement of any person to whom the notice is given under sub- rule (a).

(d) For the purpose of enquiry the Collector : —

(i) may call for information or record from.any office or a government office or office of autonomous bodics.

" (i) may cxaminc any government official or authority and record their statements.

(i) may inspect propertics after giving notice to the parties concerned,

Where this provision sits

ActBihar Stamps (Prevention of Under-Valuation of Instruments) Rules , 1995
Section3
Marginal noteFurnishing of detail S iatedh B e e Tt i mmu(:)c;t rclatgngllo inll{no‘:leablc property
JurisdictionState of Bihar
StatusIn force as published by the source

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