AIR 2008 PUNJAB AND HARYANA 164 ::2008 AIHC NOC 971 ::(2008) 3 RecCivR 713 ::(2008) 3 Pun LR 189

Punjab And Haryana High Court

Hon'ble Judge(s): M. M. Kumar, Sabina , JJ

Registration Act (16 of 1908) , S.89— Punjab Document Writer's Licensing Rules (1961) , R.14(g)— Duties of document writer - Document writer is expected to calculate stamp duty and registration fee on apparent sale price of property shown by parties - He is not expected to insist on parties to disclose market value either as per Collector's rate or prevailing market rate - Cancellation of document writer's licence on ground that he failed to ensure that document was properly valued, improper. A document writer by virtue of Rule 14(g) @page-PunjHar165 of the Rules is expected to calculate the stamp duty and registration fee on the apparent sale price of the property shown by the parties. The rule further imposes a responsibility on a document writer to classify the document according to its substance, which would mean that he would give the document a name such as mortgage deed, partition deed, sale deed, will etc. etc. It is not possible to interpret the rule to mean that the document writer is expected to insist on the parties to disclose market value of the property either as per Collector's rate or the prevailing market rates. A document writer is not expected to write the document on a stamp paper of proper value, which is the prevailing market value. Such an interpretation would result into conferring power on a document wr....