As per the provisions of the section 32-A of the Gujarat Stamp Act, 1958 on the property being transferred the stamp duty on the actual market value of the immovable property being transferred has to be paid such provisions came in force in the State of Gujarat from 01/05/1984. As per the actual market value if the party has not paid the stamp duty on the property transferred then the document of such party before registration is sent to the District Deputy Collector, Stamp Duty, Valuation Organization for proper valuation.
As per the provisions of the Gujarat Stamp Act, 1958 the Deputy Collector, Stamp Duty Valuation Organization and the 112 Prant Officers in the State are delegated with the powers of the Collector for the section-32 A of the act by the government Revenue Department.
After the deficit stamp duty documents are referred to the office of the Deputy Collector, thereafter the Deputy Collector, Stamp Duty Valuation Organization office issues the notice under Rule 4 of the Gujarat Stamp [ Determination of market Valua of Property] Rules, 1984 to the parties. Where in the parties are communicated the temporary market value and the details taken into consideration.
After this notice is received by the party then the party has to produce the relevant evidences showing the market value of the immovable properties mentioned in the sale deed before the Deputy Collector, Stamp Duty Valuation Organization. If the parties have any objections with regard to the market value determined by the Deputy Collector and with regard to the market value there are any disputes then in this regard the necessary evidences relating to the market value, situation of the construction, details of the open land, details of the surrounding areas, scope for development, geographical situation of the land, in which area the property is situated. The details of the said area, and etc. related evidences can be produced before the Deputy Collector. On the basis of the same the Deputy Collector will take into consideration the consideration mentioned in the document and the temporary market value mentioned in the Rule 4(2) notice, and determine the appropriate market value of the immovable property and pass final orders for payment of the deficit stamp duty by the parties, and accordingly after the party has paid the deficit stamp duty in the office of the Deputy Collector then the document withheld under section 32-A can be returned back to the party with appropriate certificate.
If the party has any grievance regarding the market value shown in the orders by the Deputy Collector or if there are any objections then against the orders by the Deputy Collector the appeal can be preferred under section 53(1) of the Gujarat Stamp Act, 1958 before the Chief Controlling Revenue Officer, Gujarat State, Gandhinagar.