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IS VALUER COMPETENT FOR VERIFICATION OF REVENUE DETAILS ?

 
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mjoshi10



Joined: 30 Aug 2008
Posts: 32

PostPosted: Sun Dec 21, 2014 8:38 am    Post subject: IS VALUER COMPETENT FOR VERIFICATION OF REVENUE DETAILS ? Reply with quote

 

     I have read time and again and discussed in meetings about the ever burning and most important question “ Is Valuer responsible for verifying the revenue details specified in a title deed of property being valued by him ? “  The question may sound simple but it is the most complex question in field of appraisal and valuation (At least in India), While some of our valuer brothers think that it is in preview of our professional duty, some other think almost opposite and say that we are not responsible for the same, In last one year I have done some extensive research on the topic and would like to share the findings with you (Please note that I have consulted lawyers in Ludhiana, Punjab as well as Lawyers of Hon’ble High Court of Punjab and Haryana, their views have been taken for clarification and interpretation of the legal documents/ available circulars etc) .
     Not only as an Individual but also in capacity of Elected Secretary Institution Of Valuers Ludhiana branch as well as Elected Vise president Practising Valuers Association Of Ludhiana, I would like to address all the queries/ confusions prevailing in the profession as on date and would like to further support and strengthen every point I say by producing proper legal evidence where available.
     Before starting the discussion, Please be aware that, In India Parliament makes a Law, Judiciary Interprets the Law and all citizens / Govt. Agencies are bound to follow the Law, Once a court settles / interprets a Law, No Individual ( Including Police / CBI / Investigation agency personal / Banker) can question that, Even a judge sitting on his chair (From any court lower than the court that has delivered a judgment) is not allowed to discuss the matter , He has to simply follow it, A decision delivered by Single bench can be discussed by double bench only.
     It is important to understand that however a banker can discuss and interpret his bank’s circular, RBI circular, IBA circular of his inter office communication but He is not allowed to interpret/ discuss any of the court judgment delivered by court and he has to simply follow what has been written and delivered.  
1) First of all your attention is drawn towards the basic qualification that almost all banks accepts while empanelling a valuer i.e Applicant should possesses bachelor’s degree in Civil Engineer, Architect or Town planner and should possess experience of five years after completion of degree. Your kind attention is again drawn to the fact that educational qualifications for all the degrees enumerated above are specified by AICTE (All India Council Of Technical Education) and there is no course pertaining to revenue, Khasra, Khata, Jamabandi, Hadbandi, Murabbabandi, girdawari etc. taught in these degrees, Thus bank knows it very well while appointing a valuer that the person they are appointing has ZERO knowledge of Revenue and thus expecting that he will check or verify the revenue details of property is basically wrong and unjustified.
2) Please also note that on 1st Apr 2010 Handbook on Policy, Standards and Procedures for real Estate Valuation by Banks and HFI’s in India ( It is worth mentioning that some highest designated officials of almost all banks were also part of committee that framed these standards) came into force which is MUM about any such verification by Valuer.
3) Further Indian Valuation standards by PVAI as well as International Valuation Standards are already in place and governs and regulates the profession of real estate valuation in India, Please note that none of the above states that Valuer has to get the Revenue details of title deed tallied with physical site, None states that Valuer has to visit revenue department for any such verification and none of them assumes that Valuer is competent for any such exercise.
4) Many amongst us would have signed agreements with banks, Indemnity and other documents while empanelment, Have you ever gone through a document which says that you have to verify or check the revenue details ?
5) Your attention is also drawn to Charter of Duties circulated time and again to all banks including head office of all the banks which clearly enumerates the assumptions in any valuation repot, Points outside the scope of any valuation report and number of such sensitive issues for better understanding of duties , competency and expertise of Valuers in general.(Copy of same is is already uploaded on the website and can be downloaded for your ready ref)Please note that the same is countersigned by more than 25 prominent valuers of Ludhiana and almost all the valuers currently on panel of almost all banks working in Punjab region.
6) Last but not the least there are following legal evidence supporting our line of argument, these decisions have been made by Honorable Supreme Court Of India, Honorable Madras and Patna High courts and one of the decision is from court of Judicial Magistrate Ludhiana as well.  
 
As per decision of Madras High Court in L.N.Rajgopalan Vs State on 10th August 2009 it is clearly stated that
Page 3/5 point 11.
“ It is not the duty of valuer to go to Registrar’s office to verify whether the land belongs to government or private individuals”
Page 3/5 Point 9.
“ It is definitely not the duty of the Valuer to look into the authenticity of the documents. He is not an expert to test the genuineness of the documents. He is not equipped with knowledge to identify a document as fabricated or concocted one. For assessing the value of property which is prime job of the Valuer, He is not supposed to identify and meet the owner of property”
Page 3/5 Point 7.
“ A valuer is supposed to estimate the marketability of the property referred for valuation by the bank based on the documents provided by it”
“ For the purpose of Identification , he takes the Branch manager or some authorized agent to the location at time of inspection for the purpose of Identifying the property. The valuer take this precaution just to avoid any mistake in the identification of the property”
Page 4/5 Point 15.
“ Poor approved valuer, Well qualified in assessing the value of the property, Has been wrongly implicated having found that no properties were in existence as though he has committed cheating punishable under section 420 of the Indian Penal Code. Likewise , the other charges under section 419, 467, 468, 471 read with section 120-B of the Indian Penal Code have also no basis. It is in the fragment of Imagination of the investigating agency that the petitioner was involved in the conspiracy hatched by other accused”
Page 4/5 Point 16.
“ In view of the above, the court finds that no prime facie case has been made out as against the petitioner. The allegations made against the petitioner, Who is only an approved Valuer, are found to be baseless”
In per decision of State Vs Narinderpal, in court of Ms. Roopa Dhaliwal, Judicial Magistrate 1st Class, Date of decision 2nd Sep 2013 it is clearly stated that
Page 13/13
“ It was responsibility of the bank as well as it’s officials to verify the documents before granting the loan, as it was the negligence of the bank officials that first they fail to verify the same and second once the loan was granted after mortgaging the said property , to ensure that accused had made a construction or not”
Page 12/13
“ The report submitted by the valuer is merely a provisional opinion as regards the value of asset. However, the bank is at liberty to reject the same”
In decision of Vijay Kumar Singh Vs The State Of Bihar , in High court of Patna , Date of decision 10th December 2013
And
CBI Vs K.Narayan Rao dated 21st Sep 2012 in decision of Supreme Court Of India
And
Jacob Mathew Vs State Of Punjab dated 5th August 2005 in decision of Supreme Court Of India
     It has been proven time and again in various judgments that the verification of revenue details, Going to patwari’s office or registrar’s office, Checking khasra, khata etc is not part of Valuer’s duty , thus expecting the same from Valuer is not only unjustified but also has never stood any ground legally in any court throughout India.
     I would ,like to draw your attention towards the definition of section 120-B
Central Government Act
Section 120B in The Indian Penal Code
1[120B. Punishment of criminal conspiracy.—
(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, 2[imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.
(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.]
 
 
As per legal experts they can implicate any valuer who says or write that he has checked the revenue details, AKS CHAJJRA or have visited the revenue office for verification of revenue details on the ground that HE has wrongly and knowingly certified / claimed to certify a portion that is out of his professional competency and duty, thus benefiting the applicant / conspiring with the client / outside his/her area of expertise and is thus liable for being booked under section 120-B along with all sections as per seriousness of the crime.
     For all those professional friends who still believe that they are professionally bound to check and verify the revenue details of the property being valued by them, I would like to ask the following questions.
1. Are you qualified to verify the revenue details of property ?
2. Do you have any formal training or specialization in doing so ?
3. If you are not qualified/ Not trained to do it, How can you do it in the first place and what is the legal authenticity of doing it?
4. In A recent court judgment it was clearly written bank Court that “it is not right to think that the advocate giving the legal opinion is an expert in getting hold or identifying a forged document, He is not an expert in that “ If a person who is a lawyer, who has access to all revenue record, Who has responsibility to write in his report about the authenticity of document is not legally liable , Why are we holding ourselves responsible for such things ?
5. When the court has given a clear cut judgment, Are you not violating the law of land, are you not committing  contempt of court by not following the settled law, are we not acting as Super Parliament (Above Parliament) and making your own laws? Are you not acting as Super court (Above normal court) and interpreting the law made by Parliament ?
 
     Can anybody in our valuer fertinity produce any document  /Circular/ Internal Circular of any Bank / RBI circular/ IBA  circular which is contrary to our claims and line of argument?
 
To end the discussion ,I would like to submit that we ourselves have put us in a difficult situation by taking responsibility of things which should not bother us, Which are outside our area of competency, Which are just fed into our minds by a group of people who are trying to find scapegoats for shifting their failure / their act of corruption on others . I hope that the article will be taken in right spirit and I have no intention of belittling or Insulting anybody but the need of hour is to know your rights, be united and fight for a respectable and dignified future for all VALUERS throughout India.
 
I would be more than willing to discuss the same / provide any clarification/ share copies of any judgments/ circulars to support our line of argument in detail as and when required. I can be mailed @ thevaluers@gmail.com and I can be reached at 093169-12191 (between 6 Pm to 7 PM preferably) .
 
Er. Manish Joshi
Secretary Institution Of Valuers Ludhiana branch
Elected Vise president Practising Valuers Association Of Ludhiana
               
            ( Appraisal Engineer and Founder M/S The Valuers )
            B.E.Civil (honr's), 
            MBA (banking And Finance)
            MBA (Disaster Management)
            FIE, FIV (New Delhi) , PVAI,INSDAG,IRC,IBC
            CEAI,MISCE,MIITA, FACCE, FIIV(pune)
            S-1A, Vikas Nagar
            Pakhowal Road,Ludhiana
            09316912191, 0161-2564352, 0161-3264396
 
                                                     
 
 
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djagan1949



Joined: 07 Jan 2009
Posts: 313

PostPosted: Sun Dec 21, 2014 1:32 pm    Post subject: IS VALUER COMPETENT FOR VERIFICATION OF REVENUE DETAILS ? Reply with quote

Dear Mr mjoshi10 ji,

Very good reasoning given by you based on Judgments, facts and logic. This will be an eye opener for most valuers. A case by IOV or PVAI in Supreme Court is a must directing IBA never to file any criminal case on valuers on property identification related matters. That will cover entire country and all valuers will be benefitted. Present compartmental representation is not yielding desired protection or good result. Thank you Sir.

Warm regards

Vr. D. Jagannathan

 

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suchdevs



Joined: 30 Aug 2008
Posts: 348

PostPosted: Mon Dec 22, 2014 1:08 am    Post subject: Reply with quote

dear shri manish joshi ji,

a well written, detailed, and well documented article on a very pertinent point indeed! i thank you for guiding the fraternity in the right direction. this will remain to be a reference article for a long time to come.

referring to your statement :

Before starting the discussion, Please be aware that, In India Parliament makes a Law, Judiciary Interprets the Law and all citizens / Govt. Agencies are bound to follow the Law, Once a court settles / interprets a Law, No Individual ( Including Police / CBI / Investigation agency personal / Banker) can question that, Even a judge sitting on his chair (From any court lower than the court that has delivered a judgment) is not allowed to discuss the matter , He has to simply follow it, A decision delivered by Single bench can be discussed by double bench only.

brings me to wonder, when referring to case laws, can we refer to a judgement given by any court (say, in this case High Court) of another jurisdiction (in this case punjab state), or can that judgement be referred to across the country?

my question has nothing to do with your argument (which is perfect) - i only ask this for my larger understanding and reference

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mjoshi10



Joined: 30 Aug 2008
Posts: 32

PostPosted: Mon Dec 22, 2014 5:45 am    Post subject: Reply with quote

YEs Sir we most certainly can do that.

In Ludhiana/ Punjab we have started giving these citations in all our witness/ Bian

given to police/CBI/other Investigation agencies even we have seen a great impact

when we hand over the copies of judgements to Police.

Recently while accompanying one of my fellow valuer, I was surprised to hear from

a SSP that " I know it is not a Valuers duty to Identify and check revenue details" we were happy

and relieved that facts have started kicking in.

Specifically talking about the Jurisdiction of high court- We can always refer and rely upon the judgements

we can quote the orders and treat the law as settled law untill unless the other party ( Police/CBI etc) produce a

contadictery judgement, If that happens the judgement of higher court shall prevail.

I hope that above details would be helpful.

Thanks and regards

Manish Joshi

93169-12191

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aroraengineers



Joined: 13 Jul 2011
Posts: 6

PostPosted: Tue Dec 23, 2014 8:30 am    Post subject: Reply with quote

Excellent research and very useful citations, We can certainly use these details and court judgements if we are being harrased by anyone, I have personbally used these documents and find them very useful.

Thanks Manish Joshi Ji for providing  copies of judgements to us.

Er.Kapil Arora

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