the Indian registration act 1908 in section 51 a reference

Dear K K Chaudhary,

After going through your query, I would like to provide some advice that might help you out of the situation a bit.

Based on the information you have provided, I guess that you have already presented a reasonable defense stating the fact that your client was not present at the moment and, hence wasn’t able to attend the inspection, resulting in the incorrect classification of the property as commercial instead of residential.

To resolve the matter, you can refer to the Registration Act, 1908 as Section 51 of the said act tells us about the recovery of any deficient Stamp Duty in case of erroneous classification of a given property. In this regard, it is also worth noting that a fresh inspection by the sub-registrar is very vital in ascertaining the proper category of the property.

In the case of C. R. Reddy v. State of Andhra Pradesh (1994), the Supreme Court held that the aggrieved party can challenge the inspection outcome if the declaration of the property is based on incorrect facts or misunderstanding.

You can also consider Article 226 of the Indian Constitution for filing a Writ Petition if the matter remains unsolved in the favour of your client, who is seeking judicial intervention for the correction of the erroneous classification.

I hope I was able to clear your doubts.

If you need further clarification, then please feel free to reach out to me on LinkedIn. (www.linkedin.com/in/pankhuri-rastogi-9221b2289)

Thank You.