Legal Property

Property Valuation

Property value drives the purchase price, the loan sanctioned, the capital gains computed, the stamp duty paid, the share each family member receives and the compensation a court awards. The number matters, but what makes a valuation usable is the purpose it was prepared for, the registration the valuer holds, the method adopted and the documents behind it. Estabizz assists buyers, sellers, NRIs, lenders, companies, families, developers and professional advisers with purpose assessment, registered valuer coordination, title and area review, circle rate comparison, tax valuation support, lending valuation support, family settlement and litigation valuation, corporate and insolvency valuation support, and independent review of reports already issued.

📅 2026
|
⏱️ 16 min read
|
👁️ Regulatory Guide
Focus: Property Valuation
Company-law basis
Companies Act, Section 247
Income-tax basis
Section 514, Rules 246 to 248
Asset class
Land and Building
Stamp value rule
Section 78, 110% tolerance

Overview

In simple terms… a valuation is a reasoned, documented opinion of what a property is worth, on a stated date, for a stated purpose.

The last part is what people underestimate. A report prepared for a bank is built to protect a lender against downside and will look conservative. A report prepared to support a capital gains position has to withstand an Assessing Officer. A report for a partition has to be acceptable to people who do not trust each other. A report for an NCLT scheme has to come from a valuer registered in the right asset class or it will not be looked at.

The same property, honestly valued, can carry different defensible figures in those four documents. A single report asked to serve all four generally serves none.

Quick Answer

Property valuation is not a licence or registration. It is a professional assessment of the value of immovable property, used for sale, purchase, lending, tax, accounting, company-law transactions, insolvency, family settlement and litigation.

What is regulated is who may value and in what form, and that varies by purpose. Company-law and insolvency valuations require a registered valuer under Section 247 of the Companies Act, 2013. Income-tax valuations now run on the Section 514 framework of the Income-tax Act, 2025 and the Income-tax Rules, 2026. Lending valuations follow the lender’s empanelment. Stamp duty works from State-notified circle rates, which are a separate measure from market value.

Purpose Decides Everything

Reports are rejected for the wrong purpose far more often than for the wrong number. The purpose fixes the valuation date, the standard of value, the method, the format of the report and — critically — whether a particular valuer may give it at all. Commissioning a valuation before the purpose is settled is the single most expensive mistake in this area, because the second report costs as much as the first and the delay is the real loss.

PurposeStandard of valueWho gives the reportDate that matters
Purchase or sale negotiationMarket valueAny competent valuer; no registration requirementCurrent date
Home loan or loan against propertyMarket value, plus realisable and distress valueA valuer empanelled by the lenderCurrent date
Capital gains on transferFair market value, tested against stamp duty valueRegistered valuer under the income-tax frameworkDate of transfer, or of the agreement
Cost of acquisition for an older propertyFair market value on the relevant historical dateRegistered valuer under the income-tax frameworkThe statutory base date
Inherited propertyValue for estate and cost-base purposesRegistered valuer where a tax position depends on itDate of death
Company-law transactionFair value as the Act requiresRegistered valuer under Companies Act Section 247Date fixed by the transaction
Insolvency or liquidationFair value and liquidation valueRegistered valuer in the Land and Building classInsolvency commencement or as directed
Family partition or settlementMarket value, acceptable to all partiesA neutral valuer both sides acceptAgreed date
Divorce settlementMarket valueA neutral valuer, or one per sideAgreed or court-directed date
Litigation and compensationMarket value, evidencedA valuer who can be examined on the reportDate fixed by the cause of action
InsuranceReinstatement or replacement valueInsurer-accepted valuerPolicy date
Financial reportingFair value under the accounting standardRegistered valuer where requiredReporting date

Who May Value, For What

Two registration frameworks operate in parallel, and they are routinely confused. A report from the wrong one is not a weaker report; for the purpose in question it is no report at all.

FrameworkStatutory basisAuthorityUsed for
Registered valuer under company lawCompanies Act, 2013, Section 247 and the Companies (Registered Valuers and Valuation) Rules, 2017IBBI, as the authority under the RulesCompany-law transactions, schemes, insolvency and statutory corporate valuations
Registered valuer under income-tax lawIncome-tax Act, 2025, Section 514, with Rules 246 to 248 of the Income-tax Rules, 2026The income-tax authorities specified in Section 514(2)Valuation reports relied on for income-tax purposes
Lender-empanelled valuerThe bank or NBFC credit policyThe lenderLoan, mortgage and collateral assessment
Court-appointed valuer or commissionerDirections in the proceedingThe courtValuation evidence in litigation
Any competent professionalNo statutory registration neededNot applicableNegotiation, planning and internal decisions
PointPosition
Asset classes under the company-law frameworkLand and Building; Plant and Machinery; Securities or Financial Assets
Class relevant to immovable propertyLand and Building
Acting outside the registered classThe report is not usable for the statutory purpose
Income-tax registration applicationForm No. 169 under Rule 246, with a non-refundable fee of ten thousand rupees
Income-tax valuation report formatForm No. 170, under Section 514(3)
Maximum fee a registered valuer may chargePrescribed on a sliding scale by Rule 248, with a floor of five thousand rupees
Valuers registered under the old frameworkA valid Wealth-tax Act certificate as at 31 March 2026 continues under Section 514
Action required of themDetails must be updated by filing Form No. 169 by 31 March 2027
What this means for youAsk for the registration number, the asset class and whether the Form 169 update has been filed

Watch the two provisions numbered 247. Section 247 of the Companies Act, 2013 is the registered valuer provision. Section 247 of the Income-tax Act, 2025 deals with search and seizure, where an approved valuer may be requisitioned to assist the authorised officer. They are unrelated, and the overlap in numbering has already produced confusion in practice.

Regulatory Framework

ParticularApplicable framework
Company-law valuationCompanies Act, 2013
Registered valuer provisionCompanies Act, Section 247
Registered valuer rulesCompanies (Registered Valuers and Valuation) Rules, 2017
Authority under those RulesInsolvency and Bankruptcy Board of India
Asset class for immovable propertyLand and Building
Income-tax valuationIncome-tax Act, 2025, in force from 1 April 2026 for tax year 2026-27
Registration of valuers for tax purposesIncome-tax Act, Section 514, with Income-tax Rules, 2026, Rules 246 to 248
Superseded frameworkWealth-tax Act, 1957, Section 34AB and Rule 8A
Property transferTransfer of Property Act, 1882
Registration of instrumentsRegistration Act, 1908
Stamp duty and circle rateIndian Stamp Act, 1899 and the State stamp legislation
Real estate projectsReal Estate (Regulation and Development) Act, 2016
Insolvency valuationInsolvency and Bankruptcy Code, 2016, and the regulations under it
Land records and circle ratesState revenue law, ready reckoner and guideline value notifications
EvidenceBharatiya Sakshya Adhiniyam, 2023, including Sections 61 to 63 for electronic records
AuthoritiesIBBI, the Income Tax Department, the Sub-Registrar, the State stamp authority, the RERA Authority, the lender and the court, depending on purpose

Key Provisions

ProvisionPractical relevance
Companies Act, Section 247Valuation by a registered valuer where the Act requires it
Companies (Registered Valuers and Valuation) Rules, 2017Eligibility, registration, asset classes, conduct and valuation standards
Income-tax Act, 2025, Section 514Registration of valuers and the form of the valuation report
Income-tax Rules, 2026, Rule 246Application for registration in Form No. 169
Income-tax Rules, 2026, Rule 247Qualifications and eligibility by class of asset
Income-tax Rules, 2026, Rule 248Maximum fee chargeable, and the report in Form No. 170
Income-tax Act, 2025, Section 78Stamp duty value deemed full value of consideration on transfer of land or building
Income-tax Act, 2025, Section 53The corresponding rule where land or building is stock in trade
Income-tax Act, 2025, Section 92(2)(m)Property received without, or for inadequate, consideration taxed in the recipient’s hands
Transfer of Property Act, Section 54Sale of immovable property
Transfer of Property Act, Section 58Mortgage and its forms
Transfer of Property Act, Sections 105 and 107Lease, and how a lease must be made
Transfer of Property Act, Sections 122 and 123Gift, and how a gift of immovable property must be effected
Registration Act, Section 17Documents of which registration is compulsory
Registration Act, Section 49Consequences of non-registration
State stamp legislationCircle rate or ready reckoner value, and duty on the instrument
RERA, Sections 3, 4, 11 and 19Project registration, promoter disclosures and allottee rights
BSA, Sections 61 to 63Admissibility of electronic records, including a report issued digitally

Valuation and the Income-tax Act, 2025

The Income-tax Act, 2025 took effect on 1 April 2026 and applies from tax year 2026-27. The substance of the valuation rules carried over from the 1961 Act, but the numbering changed — and citing the old numbers in a report or a submission is the kind of avoidable error that invites a closer look.

PositionIncome-tax Act, 2025Corresponding provision of the 1961 Act
Transfer of land or building held as a capital assetSection 78Section 50C
Land or building held as stock in tradeSection 53Section 43CA
Property received without or for inadequate considerationSection 92(2)(m)Section 56(2)(x)
Registration of valuersSection 514, with Rules 246 to 248Wealth-tax Act Section 34AB and Rule 8A
Valuer assisting in search and seizureSection 247Section 132(9D) context

Section 78 carries a tolerance band worth knowing before you negotiate. Where the consideration on transfer of land or building is less than the stamp duty value, the stamp duty value is deemed to be the full value of consideration for computing capital gains. But if the stamp duty value does not exceed one hundred and ten per cent of the consideration, the declared consideration stands. A transaction priced within that band is unaffected; a transaction a little outside it is fully substituted, not substituted for the excess.

SituationWhat follows
Consideration at or above the stamp duty valueNo substitution; the declared consideration governs
Stamp duty value within 110 per cent of the considerationThe declared consideration is accepted
Stamp duty value above 110 per cent of the considerationThe stamp duty value is deemed the full value of consideration
Agreement date earlier than registrationThe stamp duty value on the agreement date may be taken, if consideration was paid through a specified banking or online mode
Assessee says the stamp duty value exceeds fair market valueThe Assessing Officer may refer the valuation to a Valuation Officer
The buyer’s side of the same transactionThe shortfall may be taxed as income under Section 92(2)(m)
An older property with no reliable cost recordA fair market value report on the statutory base date supports the cost of acquisition
Inherited propertyValue at the relevant date supports both the estate position and the eventual cost base
A gift or family transferStamp duty value and the exemption relied upon should both be documented
An overstated valuationInvites scrutiny, and an unsupported report is worse than no report

Two practical points follow. First, the valuation has to exist before the position is taken, because a report produced after an assessment has begun carries much less weight. Second, where the stamp duty value genuinely exceeds what the property can fetch — which happens in localities where circle rates have outrun the market — the answer is a defensible valuation on record, not a hope that nobody checks.

Market Value and Circle Rate

PointMarket valueCircle rate, ready reckoner or guideline value
What it isAn evidenced estimate of what the property would fetchA government-notified minimum value by area and category
Set byThe market, assessed by a valuerThe State revenue or stamp authority
GranularityProperty-specific — floor, approach, condition, titleArea-wide and category-wide
RevisionContinuousPeriodic, and sometimes well behind the market
Primary useLending, tax, settlement, litigation and investmentStamp duty and registration
Can be lower than the otherYes, in localities where rates have outrun the marketYes, commonly, in appreciating localities
Consequence of ignoring itOverpayment or an unsupportable positionStamp shortfall, and substitution of value under Section 78

A competent report states both figures and explains the divergence. A report that mentions only one of them is incomplete for almost every purpose on this page.

Valuation Methods

MethodSuited toWhat it rests on
Market comparisonFlats, houses and resale propertyVerified transactions in comparable property nearby, adjusted for differences
Land and buildingIndependent houses, bungalows and industrial propertyLand valued separately from the structure, with depreciation applied
Income capitalisationTenanted commercial and rented propertySustainable rent and an appropriate capitalisation rate
Discounted cash flowIncome-generating property and projectsProjected cash flows and a justified discount rate
Cost or replacementSpecial-purpose property with no comparablesReplacement cost less depreciation
Development methodLand with development potentialPermissible development, costs, timeline and profit
Residual methodDevelopment landCompleted value less development cost and developer profit
Circle rate comparisonEvery report, as a cross-checkThe notified value for the locality and category

Method selection is where a report is attacked. Development and residual methods can produce substantially higher figures than comparison, and they depend on development rights that may not exist. Income methods are sensitive to the rent assumed, and an aspirational rent compounds through the whole calculation. A sound report explains why the method was chosen, and what the figure would look like on an alternative basis.

Matters We Handle

Property or matterTypical use
Residential flat, villa or plotPurchase, sale, loan, tax and settlement
Commercial office, shop or showroomLending, leasing, tax and investment analysis
Industrial land, factory or warehouseLending, corporate transaction and insolvency
Agricultural and converted landSale, conversion assessment and tax
Development landRedevelopment, joint development and land acquisition
Under-construction projectLending, stage funding and project review
Tenanted propertyRent capitalisation and yield assessment
Mortgaged propertyCollateral and realisable value
Inherited and estate propertyEstate value, cost base and distribution
Property in a family partitionEqualisation and buyout
Property in a matrimonial settlementAsset division and alimony
Property in litigationClaim quantification and evidence
Corporate real estateScheme, related-party transaction and financial reporting
Distressed and insolvency assetsFair value and liquidation value
NRI-held propertyRemote valuation and overseas documentation
An existing valuation reportIndependent review before it is relied upon

Valuation for Lending

Lenders are not estimating a sale price. They are sizing a recovery, and their report is built accordingly. Understanding what they look at explains most of the gap between a lender’s figure and an owner’s expectation.

What the lender assessesWhy
Market valueSets the loan-to-value ratio
Realisable valueWhat the lender expects to achieve on an ordinary sale
Distress or forced-sale valueRecovery on enforcement
Legal title and marketabilityAn unsaleable asset is not collateral
Encumbrances and prior chargesThe lender’s actual position in the security
Approved versus actual areaUnapproved construction is usually excluded from value
Occupancy and completion certificatesDetermines whether the building is lendable at all
Construction stageGoverns staged disbursement
Age and condition of the structureDepreciation and remaining usable life
Location and liquidityHow quickly the asset could be sold
Permitted use and zoningWhether the current use is lawful
Insurance valueProtection of the security

Where a lender’s valuation comes in low, the productive response is to find what was excluded — an area not supported by the approved plan, an encumbrance not released, a certificate not produced — and address it. Arguing about the number without addressing the exclusion rarely moves anything.

Family Settlement and Divorce

In family matters valuation usually matters less as a number than as a process both sides can accept. Two brokers’ opinions produce a negotiation; one documented valuation with a stated method and date produces a settlement.

SituationHow valuation is used
Partition among co-ownersEqual division, or compensation where division is impractical
Buyout by one family memberThe price at which the others exit
Inheritance among heirsEstate value and the share of each heir
Unequal assets to be equalisedA common basis for comparing dissimilar properties
Joint sale to a third partyThe reserve price agreed in advance
Matrimonial settlementAsset division, alimony and the value of a retained property
Succession planning during lifetimeStamp duty and tax consequences of the intended route
Gift or settlement deedStamp duty value and the tax position on both sides
Consent terms before a courtA valuation annexed makes the terms harder to reopen

Where a transfer within the family is contemplated, the stamp duty and tax position should be assessed before the instrument is drawn. See Gift Deed Registration, and Divorce Settlement Agreements where the settlement is matrimonial.

Corporate Transactions

TransactionWhy valuation is required
Sale or transfer of a company assetFair value, and the board and audit record behind the price
Related-party transactionArm’s length support
Merger, demerger or scheme of arrangementAsset values supporting the scheme and the share exchange
Capital reductionNet worth and asset value
Creation of securityCollateral value for the lender
Insolvency resolution or liquidationFair value and liquidation value by registered valuers
Financial reportingFair value or impairment under the accounting standard
Shareholder disputeAn independent reference point for the underlying assets
Conversion of a firm or LLPValue of the assets contributed
Internal restructuringTransfer value and the tax consequence

Where a statute requires the valuation to be by a registered valuer, confirm the registration number and the asset class before the engagement, not when the report is filed. See Mergers and Acquisitions and Demerger for the transaction frameworks.

What the Report Must Contain

ElementWhy it matters
Identification of the propertySurvey or city survey number, flat and building details, boundaries
Stated purpose of the valuationDetermines whether the report can be used for your use
Valuation dateA report without one is of limited use
Valuer identity, registration number and asset classEstablishes competence to give the report for the purpose
Documents relied uponShows what was verified and what was assumed
Site inspection recordDate of inspection, condition, and who was present
Area considered, and its sourceLand area, built-up and carpet area, tied to the approved plan
Approvals and permitted useResidential, commercial, industrial or agricultural
Treatment of unapproved constructionIdentified separately, not silently included
Encumbrances and tenancies notedBoth affect marketability and value
Comparable transactionsIdentified and adjusted, not merely asserted
Circle rate or guideline valueThe statutory cross-check
Method, and why it was adoptedThe most commonly challenged part of any report
Assumptions and limitationsDefines the scope and what the valuer did not verify
The value, and its basisMarket, realisable, distress, fair or liquidation value — stated as such
Photographs and location referenceSupports the condition and locality described
Annexures and calculationsAllows the figure to be checked rather than taken on trust

How We Run the Matter

StepActivityOutput
1Initial consultationProperty, purpose and deadline identified
2Purpose and standard of valueWhat value is needed, and as of which date
3Registration requirement checkWhether a registered valuer is required, and in which framework
4Valuer identificationRegistration number and asset class verified before engagement
5Document checklistProperty-specific list issued to the client
6Title and ownership reviewSale deed, chain of title, mutation and encumbrance
7Area and approval reviewApproved plan against actual construction
8Circle rate reviewNotified value for the locality and category
9Site visit coordinationInspection arranged and recorded
10Draft report reviewMethod, assumptions, area, comparables and red flags examined
11Tax and stamp impactSection 78 and Section 92(2)(m) consequences assessed
12Final report and fileReport with annexures, in the format the purpose requires
13Post-report supportClarifications to the lender, authority or counterparty
14TrackingTicket-based status updates through to closure

Documents Required

DocumentPurpose
Latest sale deedOwnership and the last transaction value
Prior title documentsChain of title
Property tax receiptIdentification of the property and dues position
Encumbrance certificateCharges, mortgages and registered transactions
Mutation or revenue recordLand and municipal ownership entries
Approved building planSanctioned area and the legality of construction
Occupancy or completion certificateWhether the building is lawfully complete
Commencement certificate, where under constructionProject stage and approvals
RERA registration detailsPromoter and project disclosures where applicable
Society share certificateCo-operative society property
Allotment and possession lettersBuilder-sold property
Area statementCarpet, built-up and super built-up area
Lease deed, where tenantedRent, term and the income basis
Rent receipts and ledgerSustainable rent for the income method
Utility billsOccupancy and use
PhotographsCondition of the property
Location referenceAccess, locality and surroundings
Loan and mortgage documentsExisting charges
Litigation papers, where anyRisk and marketability adjustment
Purpose noteThe use, the required format and the valuation date

Red Flags in a Valuation Report

Red flagWhy it matters
No purpose statedThe report cannot be assessed, and may not be accepted
No valuation dateValue without a date is not value
No registration number or asset classCannot be used where registration is required
Valuer registered in the wrong asset classThe report is outside the valuer’s competence
Value based only on broker opinion or listingsAsking prices are not transactions
Comparables not identifiedUnverifiable, and the first thing an objector attacks
No site inspection where one was expectedUndermines the whole report
Area taken from the brochure rather than the planSuper built-up area inflates value against sanctioned area
Unapproved construction included silentlyRenders the report unusable for a lender, court or authority
Circle rate not referred toThe statutory cross-check is missing
Depreciation not applied to the structureOverstates building value
Rent assumed above achievable rentError compounds through the capitalisation
Development potential assumed without approvalsSpeculative, and usually the largest overstatement
Encumbrance or tenancy not disclosedMarketability misrepresented
No assumptions or limitations sectionScope is undefined and nothing was reportedly excluded
Arithmetic not shownThe figure cannot be checked
A single figure for multiple inconsistent purposesIt will fail at least one of them

Valuation Is Not Title Verification

PointValuationTitle verification
Question answeredWhat is it worth?Is it safe to acquire?
ExaminesMarket evidence, area, condition, use and comparablesTitle chain, ownership, encumbrance, approvals and litigation
OutputA valuation reportA title or due diligence report
Required forLending, tax, settlement, company law and litigationPurchase, mortgage, lease and investment
Principal risk if skippedA wrong priceA defective title
RelationshipAssumes the title position described to the valuerEstablishes the position the valuation assumes

A high valuation on a defective title is a dangerous document, because it looks like comfort. Where a purchase, mortgage or investment is in prospect, the two exercises belong together — verify first, then value on the verified position.

NRI Property Valuation

SituationWhat it requires
Selling Indian property from abroadFair market value for the capital gains position and the withholding
Buying remotelyIndependent valuation and title review before committing
Overseas tax or regulatory reportingA report in the format and as of the date the foreign requirement specifies
Inherited Indian propertyValue at the date of death, and the eventual cost base
A family dispute over valueA neutral report both sides can test
A foreign matrimonial proceedingIndian asset value in a form the foreign court can use
Loan against Indian propertyLender valuation coordination
Gift or transfer to family in IndiaStamp duty value and the tax position on both sides
Inability to attend the inspectionLocal representation for the site visit
Use of the report abroadNotarisation, apostille or consular attestation

Repatriation, withholding and treaty questions sit alongside the valuation and should be assessed together. A report that is correct on value but wrong on date or format for the foreign requirement has to be done again.

Why Valuations Get Rejected

ProblemConsequenceHow we address it
Purpose not fixed before commissioningThe report is unusable and a second one is neededPurpose, standard of value and date settled first
Valuer not registered for the required purposeThe report is not considered at allRegistration and asset class verified before engagement
Old statutory citations usedSignals a report not prepared on current lawCitations aligned to the Income-tax Act, 2025 and the 2026 Rules
Area taken from marketing materialValue overstated against the sanctioned planArea reconciled to the approved plan and the title documents
Unapproved construction includedLender and authority both reject the reportIdentified and valued separately or excluded
Circle rate ignoredStamp shortfall, and substitution under Section 78Circle rate compared and the divergence explained
Comparables unverifiedThe method collapses under questioningTransactions verified rather than quoted
Rent or development potential overstatedScrutiny, and a report that cannot be defendedAssumptions tested against approvals and achievable rent
Title defect not disclosed to the valuerThe report assumes a position that does not existTitle review ahead of valuation
Report undated or without assumptionsNot acceptable for most statutory purposesFormat reviewed against the intended use
Report obtained after the assessment beganMaterially less persuasiveValuation put in place before the position is taken
One report used for several purposesIt fails at least one of themPurpose-specific reports where the uses genuinely differ

Our Services

ServiceWhat we do
Purpose and standard of value assessmentWhat value is needed, as of what date, in what format
Registration requirement mappingWhether Companies Act Section 247 or Income-tax Section 514 applies
Registered valuer coordinationRegistration number and asset class verified before engagement
Document checklistProperty-specific list and collection support
Title and chain reviewSale deed, prior documents, mutation and encumbrance
Area and approval reviewApproved plan against actual construction and the title area
Circle rate comparisonNotified value against the assessed market value
Tax valuation supportSection 78, Section 92(2)(m) and cost-base documentation
Lending valuation supportLender coordination and response to a low valuation
Corporate valuation supportScheme, related-party, security and reporting requirements
Insolvency valuation supportFair value and liquidation value coordination
Family settlement valuationA neutral basis for partition, buyout and inheritance
Litigation valuation supportEvidence-grade reports and valuer coordination
NRI valuation supportRemote inspection, format and authentication
Independent report reviewPurpose, valuer, documents, method, area and red flags
Ticket-based trackingDocuments, valuer, site visit, draft, final report and closure

FAQs

1. Is property valuation a licence or registration?

No. It is a professional assessment of value. What is regulated is who may perform it for particular statutory purposes, and in what form the report must be given.

2. Is a valuation mandatory before buying or selling property?

No. It becomes necessary for specific purposes — a bank loan, a company-law transaction, an insolvency process, certain tax positions, a court proceeding — and is strongly advisable whenever the price itself is the thing in doubt.

3. Who is a registered valuer?

It depends which statute you mean, and the two frameworks are commonly confused. For company-law purposes a registered valuer is registered under Section 247 of the Companies Act, 2013 and the Companies (Registered Valuers and Valuation) Rules, 2017, with the IBBI as the authority. For income-tax purposes, registration is now under Section 514 of the Income-tax Act, 2025 and the Income-tax Rules, 2026.

4. What changed for income-tax valuers in 2026?

The old framework under Section 34AB of the Wealth-tax Act, 1957 and Rule 8A has been superseded. Registration is now under Section 514 of the Income-tax Act, 2025, applied for in Form No. 169 under Rule 246 with a non-refundable fee of ten thousand rupees, and the valuation report is given in Form No. 170.

5. My valuer has been registered for years. Is that still valid?

A valuer holding a valid certificate under the Wealth-tax Act as at 31 March 2026 continues as a registered valuer under Section 514, but is required to update their details by filing Form No. 169 by 31 March 2027. Ask whether that has been done, particularly if the report is for a tax purpose.

6. Which asset class covers immovable property?

Land and Building. Under the Companies Act framework there are three classes — Land and Building, Plant and Machinery, and Securities or Financial Assets — and a valuer may act only within the class in which they are registered. A securities valuer cannot competently value your factory land.

7. Does every property valuation need a registered valuer?

No. A bank valuation follows the lender’s empanelment policy. A negotiation or planning exercise needs no particular registration. Where a statute requires valuation by a registered valuer — most company-law situations, insolvency, specified tax purposes — the registration is not optional, and a report from the wrong valuer is simply not usable.

8. What is fair market value?

The price the property would reasonably fetch between a willing buyer and a willing seller, each with knowledge of the relevant facts and neither under compulsion. It is an estimate supported by evidence, not a number.

9. What is circle rate?

The government-notified minimum value for a locality and property category, used for stamp duty and registration. It is also called the ready reckoner rate or guideline value depending on the State.

10. Is circle rate the same as market value?

No, and they diverge in both directions. Circle rates are revised periodically and applied area-wide; actual value depends on the specific property, its condition, floor, approach, title and the state of demand. In some localities circle rate exceeds achievable market value, which is where tax problems start.

11. What happens if I sell below the stamp duty value?

Under Section 78 of the Income-tax Act, 2025 — the provision corresponding to Section 50C of the 1961 Act — the stamp duty value is deemed to be the full value of consideration for computing capital gains where the consideration is lower. There is a tolerance: if the stamp duty value does not exceed one hundred and ten per cent of the consideration, the declared consideration is accepted.

12. What is the buyer’s exposure on the same transaction?

The buyer is assessed separately. Where immovable property is received without consideration or for inadequate consideration, the difference can be taxed as income from other sources under Section 92(2)(m) of the Income-tax Act, 2025 — the provision corresponding to Section 56(2)(x). One under-priced transaction can therefore produce tax in two hands.

13. Can I dispute the stamp duty value?

Yes. Where the assessee claims the stamp duty value exceeds fair market value and has not disputed it elsewhere, the Assessing Officer may refer the valuation to a Valuation Officer. Making that claim well requires a defensible valuation on record, which is why the report matters before the assessment rather than after it.

14. Which date should the valuation be as of?

The date that the purpose requires — the date of transfer, the date of the agreement, the date of death for an estate, the date of the scheme for a corporate transaction. A report without a clear valuation date is of limited use whatever its contents.

15. Does the agreement date or the registration date govern?

Where the two differ and part or all of the consideration was paid through a specified banking or online mode on or before the agreement date, the stamp duty value on the agreement date may be taken. This makes the payment mode a substantive matter, not a formality.

16. What methods are used?

Market comparison for flats and resale property; land and building for independent houses and industrial property; income capitalisation or discounted cash flow for tenanted and commercial property; cost or replacement for special-purpose assets; and residual or development methods for land with development potential.

17. Which method is correct for my property?

The one the purpose and the available evidence support. The same plot can carry different defensible values on a comparison basis and a development basis, and a report that adopts the higher method without justifying it is the one that gets questioned.

18. What documents will a valuer need?

The latest sale deed and prior title documents, property tax receipts, approved plan, occupancy or completion certificate, area details, encumbrance certificate, mutation or revenue record, the lease and rent records if tenanted, photographs, a location reference, and a clear note on the purpose.

19. Can valuation be done without a site visit?

A desktop valuation is possible for planning and indicative purposes. For a statutory, lending or litigation report a physical inspection is normally expected, and its absence is one of the first things an objector points to.

20. Why did the bank’s valuation come in lower than mine?

Lenders are valuing collateral, not a sale. They apply conservative comparables, discount unapproved area, factor in distress realisation and reject anything not supported by approvals. A gap is usually explained by what the lender excluded, and that is reviewable.

21. Can illegal or unapproved construction be included in the value?

It should not be included as though it were approved. A competent report identifies the unapproved portion and values it separately or excludes it, because including it silently makes the whole report unacceptable to a lender, a court or a tax authority.

22. Can valuation be used in a family settlement?

Yes, and a neutral valuation is often what makes a settlement possible. Where siblings are each working from their own broker’s figure, a single documented valuation with a stated method and date removes most of the argument.

23. Can valuation be used in a divorce settlement?

Yes. Property value is usually the largest number in a matrimonial settlement, and a report that both sides can test is more durable than two competing estimates.

24. Does the company-law Section 247 have anything to do with the income-tax Section 247?

No, and the coincidence causes real confusion. Section 247 of the Companies Act, 2013 is the registered valuer provision. Section 247 of the Income-tax Act, 2025 deals with search and seizure, where a valuer may be requisitioned to assist. Different statutes, different purposes.

25. Can Estabizz review a valuation report I already have?

Yes, and it is frequently the most useful thing to do first. We review the stated purpose, the valuer’s registration and asset class, the documents actually relied upon, the method and its justification, the area taken, the comparables, the treatment of approvals and encumbrances, and whether the report will be accepted for the use intended.

26. What is the biggest mistake in property valuation?

Commissioning a report before deciding what it is for. A report prepared for a bank rarely satisfies a tax officer, a report for negotiation rarely satisfies a court, and a report from a valuer registered in the wrong asset class satisfies nobody.

Expert Insight

“A valuation is only as good as the purpose it was built for. Fix the purpose and the valuation date first; the valuer, the registration, the method and the documents all follow from them. In our experience reports fail far more often on purpose, registration and area than on the number — and a report that shows its working can be defended, while one that states a figure cannot.”
— CS Devyani Khambhati, Compliance Expert

Disclaimer

This guide is general information, not matter-specific legal, valuation or tax advice. The applicable requirements, the registration a valuer must hold, the method and the tax consequence depend on the property, the purpose, the State and the year in question. The provisions described here reflect the Companies Act, 2013 and the Companies (Registered Valuers and Valuation) Rules, 2017, and the Income-tax Act, 2025 with the Income-tax Rules, 2026, which apply from tax year 2026-27; circle rates, stamp duty and State revenue requirements change locally and frequently, and parts of this guide remain under professional review. Estabizz provides purpose assessment, document and title review, valuer coordination, report review and documentation support; the valuation itself is given by the registered or empanelled valuer. Confirm the position with your valuer and tax adviser before acting.

Decide the Purpose Before You Commission the Report

A lender's report, a tax report, a court report and a negotiating estimate are different documents. Reports are rejected far more often for the wrong purpose or the wrong valuer than for the wrong number.