• Residential land valuation

My sister is going through Divorce. The case is being handled in UK as both sister and her husband are settled in the UK. My sister had one plot in Gujarat which was originally bought by my mother in year 2008 but registered in my sister's name. At the same time other next land was bought by my mother and registered in my name. The stamp papers were made according to circle rates (Jantri) and the land was valued at Rs 4,44,000 in 2008. Last year in 2016 my sister sold/transferred that land to my mother due to financial difficulty and divorce process. In 2016 the stamp papers were made at the price of Rs 4,90,000. The husband has objected that the property was matrimonial and he should be considered equal beneficiary in the land. He claims that to hide the land value, wife has transferred to her mother at very less value than market rates. He thinks market rate is Rs 50,00,000. The court in UK listens to both parties and asked to provide valuation of the land from the person who has been mutually agreed. Now both parties are never going to agree with the person selected by other party to value the land. My sister's husband family members are goons and can do anything to get that person to value the land at higher price. I want to keep the valuation as low as possible.

1> How do I get official valuation of the land? Who can give this?

2> From database we can see circle rates but it is for particular area. How do I obtain exact rates or value for particular land?

3> What other proofs I can gather to see the match the sister's land deal price of 2016 of Rs 4,90,000 such as other nearby land deals etc?

4> How do I get records of recent land transactions registered in Registrar office? I think it is called INDEX. How do I look for last 2-3 years deals in our area??

5> Would any land valuer write on his letterhead that the land valuation is Rs 50,00,000? This may be black market (black money) rates but officially can this letter be produced by my sister's husband and accepted as legal valuation?

6> Any suggestions from you to make my case strong that the land value was acceptable because it was counted according to circle rates?

7> on separate issue, can my sister's husband apply to seal the bank safety locker in India which is in joint name of my sister and me?

Thanks
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

1) approach govt aaproved valuer for valuation of land

2) take search in sub registrar office and obtain rate at which property has been sold in the area

3) the ready reckoned or circle rate would reflect price of land

4) any valuer who mentions land value is Rs 50 lakhs has to substantiate his findings by relying upon comparable price of land sold in the area in last one year or so

5) before husband applies for sealing of the bank locker you can operate the locker and remove articles belonging to you stored in said locker

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Apply for query sheet from the local Registration office by giving the details of he property. You shall get the printed reply from the said Registrar's office specifying the current market value of the said property and the amount of stamp duty you shall have to pay for selling the said property. This q-Sheet should be treated as an authentic document as it is from the Government Registration office.

2. The Q-sheet to be given by the Registrar's office will show the exact value which will be considered for charging stamp duty and registration fee for selling the said property.

3. The Registration Office shows the authentic value of the property considered by the Registrar for charging stamp duty for selling the said property.

4. You collect the present valuation through the Query Sheet i.e. of the year 2017. There will not be much difference in value of property in the year 2017 in comparison to that of the year 2016.

5. There are Valuers approved by Bank's who submit valuation report but those are not authentic and can be obtained on demand.

6. The best course of action for you shall be to collect the query sheet for valuation of the said property from the local Registrar's office as suggested above.

7. If the UK law allows her husband to claim share of her property then the UK Court might ask your sister to disclose her articles kept in the said locker. However, no order/direction of the U.K Court is valid or enforceable on any Indian institution including Bank.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

when that land was purchased, if your sister had enough income to purchase that land then the said land shall be her own property otherwise not because according to benami transaction act parent can purchase immovable property in the name of a family member and it is legal. and one more legal point is to be consider in this case that whether such transfer is legally valid or not because when once consideration of that property was given by mother then how that mother could again purchased her own property therefore said transfer is void.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

however case is pending in UK but property is situated in India and trnasfered in India therefore Indian law will be applied. as far as valuation is concerned, you can get it according to the circle rate or sale value of other land situated in same vicinity. you can take circle rate from the collector's office and sale value from registrar office.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

according to section 54 of the transfer of property act, transfer or sale of property is an contract. according to section 25 of the Indian contract act, a person can sell his property at any price, but stamp duty should be proper. whether stamp was sufficient or not is to be decided by the Indian court only.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. You can get the official value of the properties from the office of sub-registrar which is called as guidelines value.

You can get a copy of the guidelines value of the property certified by the Tahsildar, this will take care of the situation.

2. You can get it from the office directly.

3 In addition to guide lines value, you can get the witness signature on the valuation slip

4. You may have to file an application before tahsildar who will in turn direct the concerned staff to issue the desired slip and other details.

5. Since it is illegal it cannot be accepted.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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