Practical Valuation - Volume 18
Practical Valuation - Volume 18
B. KANAGA SABAPATHY
(II)
(i)
B. KANAGA SABAPATHY
BE, FIV, FIE, FICA, C. Engg., PE.,..
March 2018
July 2018
First revised edition - August 2018
Second revised edition - November 2018
Third revised edition - September 2019
Fourth revised edition - May 2020
Typeset : M. PREETHI
Note :
K. EZHILARASI
City Union Bank, Cantonment
Tiruchirappalli - 620 001. (TN)
Savings account no. 500 101010 597268
IFS Code: CIUB 0000 153
DEDICATED TO
Mr. R. Jayaraman
(a fellow valuer and faculty from Tiruchirappalli)
who motivated me to write this book
(iv)
DISCLAIMER
• While every effort is taken to avoid errors or omissions in this publication, any
mistake or omission that might have crept in is not intentional. It may be taken
note of that neither the publisher nor the author will be responsible for any
damage or loss of any kind arising to any one in any manner of account of such
errors and omissions.
PREFACE - III
1. After incorporating the changes made in the revised syllabus which is effective
from 01.06.2020, this edition is made available for the aspirants who appear for
Insolvency and Bankruptey Board of India (IBBI) examination.
2. Since 71 marks are allotted for the technical portions which include 20 marks
exclusively for the case studies, I expect that the valuers can secure the pass mark of
60 comfortably. Let us be optimistic. Consistent hardwork is necessary and
combined study is advised.
3. Contents of this book are for the purpose of overall guidance only.
4. With utmost good intention to help the valuers to appear for the examination, this book
has been prepared after referring many books and after consulting many fellow valuers.
The answer may change according to the amendments made then and there.
Readers must be well aware of those things. Errors, if any, may please be highlighted.
5. Please do not be under the impression that the questions & case studies given in this
book will appear (again) in the examination. The question pattern may change every
year.
Best wishes,
PREFACE - II
1.0. Based upon the request from the aspirants of IBBI examination who have completed
their 50 hours mandatory education programme, I have been conducting regular
refresher courses for the sake of those who are yet to pass the examination.
2.0. For the purpose of giving coaching for the participants, I have prepared a few lessons
on twelve mark case studies, one mark theory questions, frequently asked questions
in the examination and mock tests. Certain revisions have also been made.
3.0. I have consolidated these revisions and additions and incorporated in the main book
of Practical valuation - Vol. 18 so that a reader can have access through the entire
materials. The ultimate aim is everyone must pass the examination.
4.0. I convey my thanks to Mr. R. Jayaraman, Tiruchirappalli who has shared his
knowledge with me in preparing this book. His interest and willingness to share the
knowledge with others are highly appreciated.
14.03.2018
PREFACE - I
1.0. From the year 2014, I have been conducting training programmes on valuation at
Tiruchirappalli in ten levels mainly for the sake of beginners and youngsters in the
profession.
Level I - Fundamental principles of valuation
Level II - Valuation for banks - Part I (Preliminary learning)
Level III - Valuation for taxation - Part I (Preliminary learning)
Level IV - Fixation of fair rent in Tamilnadu
Level V - Valuation for banks - Part II (Advanced learning)
Level VI - Valuation for taxation - Part II (Advanced learning)
Level VII - Court Judgements
Level VIII - Leasehold properties
Level IX - Valuation of apartments
Level X - Any advanced topic in valuation
Number of valuers who have been benefitted through these programmes have
crossed 2000.
2.0. For the purpose of conducting Registered valuer examination, Insolvency and
Bankruptcy Board of India (IBBI), the authority authorised by Ministry of Corporate
Affairs (MCA) has prescribed syllabus which consists of 33 marks for non -
technical topics and 67 marks for subjects related to Real estate valuation. A
candidate is expected to attempt 100 questions in two hours. Every question will be
of multiple choice, having four alteratives. Only one alternative will be correct and
unique. The candidate should tick the correct answer out of four. Examination will
be by on-line.
3.0. Pursuant to the request from many participants who have already undergone
(viii)
training under me, I have come forward to conduct an exclusive programme under
Level X as “Preliminary Coaching for Registered valuer examination.
4.0. Initially, I have taken up giving coaching for subjects related to real estate valuation,
i.e., for questions 34 to 94. With the little experience I have in the field of valuation,
I have prepared a set of multiple choice questions related to certain topics
indicated in the syllabus prescribed by IBBI. I intend to add some more questions in
future for the other topics left out. A set of mock test questions are also provided
alongwith the respective answers. The valuers must understand that these
questions are only indicative and they are given here mainly for the purpose for
giving preliminary coaching to the youngsters. Whether one is going to appear for
the examination or not, he must understand clearly that an opportunity has been
given to him to learn something more.
5.0. This booklet is a part of the training programme materials and they are meant purely
for internal circulation only.
All the questions and answers have been prepared with due care and diligence.
In the process of preparing the above questions, I have referred the books of Annamalai
University, Mr. R.K. Gandhi, Dr. Ashok Nain and others. I have taken a few case
studies from those books. I am thankful to them.
It must be borne in mind that these questions are only indicative. Suggestions for
further improvements are certainly welcome. Mistakes / errors can be pointed out.
6.0. I thank Mr. R. Jayaraman and N. Ravindran for their assistance in preparing the
questions.
CONTENTS
Part III - Case studies for 20 marks - Sl.no. 11 of syllabus - 117 - 236
(Vol. 18A)
Part IV - One mark case studies - 52 nos. (Vol. 18B) - 237 - 264
Part V - A few more one mark theory questions - 156 nos. - 265 - 298
(Vol. 18C)
Part XIII - Model question paper for valuation examination in - 641 - 656
the asset class : Land & building (Based on revised
syllabus with effect from 1st June 2020)
* * *
(x)
The following study materials may also be helpful for preparing IBBI examination.
1. My book “1010 Quiz - (Practical valuation - Volume 22)” will be helpful to the
beginners not only to acquire basic knowledge in valuation but also for IBBI
examination.
2. The books - “Guide for IBBI Registered Valuers examination - Vol. 1, 2 & 3”
authored by Mr. K.S. Nagarajaiah, Bangalore. (Mob : 97400 11418 & Mail :
nagarajaiah.valuer@gmail.com)
samar_c123@yahoo.co.in).
* * *
(xi)
Attention Readers
1. Please note that these study materials are mainly for the purpose of giving an overall
guidance for the purpose of IBBI examination. Depending upon the prevalent
conditions, amendments, you must take a judicious approach and answer the
questions accordingly.
2. a) Go through the study materials not only for the purpose of preparing for the
examination but also to enrich your knowledge.
b) Share these materials to others so that they can also pass the examination.
“Let Knowledge Spread”.
3. I advise you to refer the books of the following authors to have more knowledge in the
field of valuation. You must have atleast 50 books on valuation in your library if you
want to call yourself a Professional Valuer.
* * *
(xii)
1
Pages 1 - 10
PART - I
Subject: Syllabus of Valuation Examination for Asset Class - Land and Building with
effect from 1st June 2020
In pursuance of the rule 5 (3) of the Companies (Registered Valuers and Valuation) Rules,
2017, the Insolvency and Bankruptcy Board of India, being the Authority, hereby publishes the
syllabus, format and frequency of the ‘Valuation Examination’ for the asset class: Land and
Building to be commenced from 1st June 2020.
I. Syllabus
Parallel Economy 1
- Definition of parallel economy; causes of parallel economy and effects
on use of land and its valuation
- Impact on real estate market and construction industry
Syllabus of Valuation Examination for Asset Class - Land and Building with effect from 1st June 2020
4
3. Law - General 7
- Indian legal system: salient features of the Indian Constitution,
fundamental rights, directive principles of state policy
- Government: executive, legislature and judiciary
- Laws of contract: formation of a contract, parties, void, voidable and
unenforceable contract, contingent contract, misrepresentation, fraud
and effect thereof, termination of contract, remedies for breach,
performance of contract, indemnity and guarantee, law of agency
- Tort: general principles of tort, tort affecting valuation
- Law of arbitration and conciliation: salient features
- Auction: authority of auctioneer, duties of vendor, purchaser and
public, mis-description and misrepresentation, advertisements,
particulars and catalogues, statements on the rostrum, conduct of sale,
reservation of price, right to bid, bidding agreements, memorandum of
the sale, deposit, rights of auctioneer against vendor and purchaser
- Laws of evidence: burden of proof, presumptions, conclusive proof
4. Introduction to Statistics 2
- Data classifications and processing, graphical representation of data,
frequency distributions
- Measures of central tendency, dispersion and skewness
- Elementary theory of probability and probability distributions,
sampling and sampling distributions
- Simple test of significance, regression and correlation, multiple
correlation coefficient
- Time series
- Index numbers
Syllabus of Valuation Examination for Asset Class - Land and Building with effect from 1st June 2020
5
Syllabus of Valuation Examination for Asset Class - Land and Building with effect from 1st June 2020
6
Syllabus of Valuation Examination for Asset Class - Land and Building with effect from 1st June 2020
7
*****
Syllabus of Valuation Examination for Asset Class - Land and Building with effect from 1st June 2020
9
Pages 11 - 116
PART - II
51 marks
12
5. As per Section 23, what is the additional percentage value given for compulsory
acquisition by court?
6. As per Section 49, who has the power to acquire a part or full area of the building?
7. What is the minimum period for return of the unutilized acquired property?
14
a) 5 years b) 3 years
c) 7 years d) 2 years
a) Railways b) Highways
c) Power lines d) Agricultural lands
12. For group housing, the density pattern is taken per dwelling unit as
13. Is it right to say that size of the plot determines the number of dwelling unit?
14. As per the building bye-laws, the minimum open car space as per parking standards
is
15. As per the building bye-laws, the minimum covered car space as per parking
standards, is
15
16. As per the building bye-laws, the minimum basement car space as per parking
standards, is
18. As per which Act, the tenancy right is only occupancy right and the eviction right is
to the landlord?
21. In rent control act, the fair rent is to be determined on which date?
24. In case of a rented building in third floor, how the land is proportioned (Tamilnadu)?
* * *
Answers :
1 - b 9 - d 17 - d 25 - b
2 - a 10 - a 18 - d 26 - b
3 - a 11 - b 19 - b 27 - d
4 - a 12 - a 20 - d 28 - c
5 - a 13 - a 21 - a
6 - c 14 - a 22 - c
7 - a 15 - d 23 - a
8 - a 16 - b 24 - a
17
a) By assignment b) By Will
c) By adverse possession d) By Gift
5. What is the property type which is not assigned by the Government normally?
9. Which is not the way for property transfer to owner’s legal heir?
a) Solely for the benefit of the trust b) 2 persons owning at the same time
c) Exclusive ownership of a company d) A person owning a thing
26. As per Transfer of property act, 1882, the property that can be transferred is
32. The Local body authorities for nonpayment of statutory taxes, has taken land of a
company as security and mortgaged towards the taxes due to them. Till the time of
repayment of taxes it enjoys the land and derived the benefits and adjusted towards
the company’s dues to them. What is the type of mortgage?
33. As per Section 96, mortgage done by deposit of title-deeds is called as?
* * *
Answers :
1 - d 9 - b 17 - b 25 - d 33 - a
2 - a 10 - c 18 - a 26 - d 34 - d
3 - a 11 - d 19 - b 27 - d 35 - d
4 - a 12 - d 20 - b 28 - b 36 - c
5 - d 13 - b 21 - a 29 - c 37 - d
6 - b 14 - d 22 - c 30 - a 38 - d
7 - d 15 - d 23 - d 31 - d 39 - c
8 - b 16 - a 24 - d 32 - c
23
1. While transfer of property to lessee under lease, the lessor is not required to pay
capital gains
2. If both land and building are given on lease, it is called occupational lease.
7. Net profit rent for lessee = Rack rent minus ground rent minus outgoings.
8. The rights of lessor / lessee depends upon the conditions stipulated in the lease
deed.
9. Even in a perpetual lease, the lessee’s right will be low, if the unexpired period is
less.
10. The handing over of open land back to the lessor is called Reversion.
12. The word “covenant” indicates the terms and conditions stipulated in any deed.
14. Perusal of lease deed is the first duty of a valuer if he wants to value a leasehold
property.
16. The amount of Re. 1 per annum is the reciprocal of the sinking fund.
17. The rate of capitalisation in leasehold depends on the money market from time to
time.
18. The capital value of income can be detemined from the net income and the
percentage return required on investment.
19. The rate of capitalisation for a leasehold interest in general is 1% more than the
freehold interest.
21. If the unexpired period of lease is short, the value of lessor’s share will be more.
22. If the unexpired period of lease is very long, the value of lessee’s share will be
more.
23. A leaseholder’s interest in a property will normally decrease with the passage of
time and ultimately extinguish with the expiry of lease.
25. Longer period of lease enables the lessee to recover his capital invested in the
improvement of the land.
26. Ground rent is well secured when improvement is done on the land given on lease.
27. In the case of sub - lease, if the proposed ground rent is higher han the original
ground rent, then it is known as improved ground rent.
28. Valuation procedure for a freehold property and a leasehold property with a
perpetual lease is not same.
29. The provisions or terms of lease would decide the share value of lessor and
lessee.
30. When lessor’s interest is valued, single rate table is normally to be used.
31. A lease where lessee has undertaken to carryout all the repairs and to bear all
outgoings is called as “Full Repairing Lease”.
32. In the case of perpetual lease with covenant of renewal, the lessor cannot
terminate the lease or refuse to renew the same as long as the lessee do not
violate any terms specified in the lease agreement.
33. Higher the rate of capitalisation, lower is the value of the asset.
34. Lower the rate of capitalisation, higher is the value of the asset.
35. If the document creates an interest in the property, it is a lease. But, if it only
permits another person to make use of the property for a temporary period, then it
is a licence.
36. The owner of a freehold property can do anything with his property.
39. The leaseholds are less attractive than freeholds from the investment point of view.
40. The sub - lease can be granted only for a period which is less than the original
lease period.
41. A rent is governed by the Rent control act. A licence is governed by the Easement
act. A lease is governed by the Transfer of Property act.
42. Schedule III can not be adopted for valuation of leasehold rights.
* * *
Answers :
1 to 42 - b
28
1. Which one of the following sections of the transfer of property act, defines notice?
a) Section 2 b) Section 3
c) Section 5 d) Explanantion II of section 3
a) Section 4 b) Section 5
c) Section 6 d) Section 10
3. Which section lays down that property of any kind may be transferred, except as
otherwise provided by this act or by any other law for the time being in force
a) Section 6 b) Section 7
c) Section 8 d) Section 9
a) Section 53 b) Section 54
c) Section 55 d) Section 56
* * *
Answers :
1 - b, 2 - b, 3 - a, 4 - a, 5 - d
MOHMEDAN - PERSONAL LAW, THE HINDU SUCCESSION ACT, 1956, THE HINDU
SUCCESSION (AMENDMENT) ACT, 2005 (39 OF 2005)
a) Separate property
b) Ancestral property
c) Separate property in relation to existing members
d) None of these (Depends on facts and circumstances)
2. A Hindu dies intestate leaving behind two sons one daughter and window. His
property shall devolve to
3. As per Muslim law the estate of a deceased person devolves upon his hers
a) Father b) Mother
c) Grand father d) Grand mother
* * *
Answers :
1 - d, 2 - d, 3 - a, 4 - b, 5 - a
6. Mr. X has spent Rs. 1 crore in constructing a residential building and he offers
Rs. 1.15 crores to sell it. The cost is
7. Mr. Y purchases a house for Rs. 1.15 crores as against the cost of 1.00 crore as
incurred by Mr. X. What is the cost in the hands of Mr. Y.
8. The tag attached to a product in a shop for the purpose of selling is called as
9. For the purpose of giving loan to a property under mortgage, the bank is directing
its valuer to certify
10. To construct a new building, Mr. X has applied loan. After the construction is
completed, the bank directs the valuer to certify the
11. After the construction of his new building, the assessee for the purpose of income
tax approaches the valuer and request him to certify the
* * *
Answers :
1 - a 5 - b 9 - c
2 - b 6 - c 10 - a
3 - c 7 - a 11 - b
4 - a 8 - b
32
1. The rental value of the property assessed by the local authority for levy of property
tax is called as
2 The value which can be defined as an estimate of the price the property would
realise in the open market under private or public auction is called as
3. The written down value of an asset as shown in the books of account is called as
4. When a property is sold by the owner under distress condition, the sale price is
called as
5. When a property is sold in the open market under normal conditions, such value is
called as
7 When the auction is carried out under order of the court and is also supervised by
the court, such value is usually called as
33
8. When sufficient time is given for auction to liquidate the assets, it is called as
9. When the assets are liquidated as quickly as possible with a very little market
exposure and short time, it is called as
10. The estimate value of mortgage loan amount that could be safely advanced by the
bank is called as
12. It is an estimated value of the property worked out on notional concepts for special
purpose, say for purpose of taxation. The value is called as
13. This term in common parlance would mean net money likely to be realised by the
owner after the sale of the property. The value is called as
14. The minimum price mentioned in the advertisement for the purpose of auctioning is
called as
15. It is the price expected for a building whose useful span of life is over but is still
continued use. It is the value at the end of utility period of the asset without being
dismantled.
16. It is the value of dismantled materials which has become completely useless for
any further use. The value is called as
17. It is the value of a property to a speculator who invests in the property with the sale
motive of selling the property at a profit within a short time.
18. Mr. ‘X’ would like to buy a car with the special registration number 1 or 786 by giving
extra amount. This value is called as
19. It is the true value of the property as distinct from the agreement value. A property
is purchased for Rs. 50 lakhs but the sale agreement is made for Rs. 25 lakhs.
Rs. 50 lakhs is called as
20. It is a value of the property estimated in accordance with the provisions of the
concerned statute like wealth tax schedule III. The value is called as
* * *
Answers :
1 - b 5 - b 9 - c 13 - d 17 - a
2 - b 6 - d 10 - b 14 - b 18 - d
3 - c 7 - b 11 - a 15 - a 19 - a
4 - a 8 - b 12 - a 16 - c 20 - a
35
4. A temple property is
5. A temple property is not marketable, yet it has got value. Instead of market value,
we may call it as
11. The properties which are available in limited quantity and are not in abundance
command
12. The ownership and possession of the property can be transferred by way of sale,
lease, mortgage, will, etc. and hence it has a value. This is called
a) Transferability b) Scarcity
c) Marketability d) Utility
* * *
Answers :
1 - a 5 - a 9 - a
2 - a 6 - a 10 - b
3 - a 7 - a 11 - b
4 - d 8 - b 12 - a
37
2. Domestic savings, fixed capital formation in construction and real estate sector,
flow of capital investments in bank, fixed deposits, shares, debentures,
government securities are
3. Demand and supply of properties and income fetching properties are called as
6. Land characteristics like size, shape, plot area, frontage, orientations, soil type,
topography are
8. Prominence and placement like main road, by - lane, dead end road, remote area
location are
9. Building characteristics like RCC framed structure, further life, age of structure,
deterioration, specification of building, workmanship quality, intelligent building &
green building concepts, obsolescence, maintenance are
10. Functional aspects like optimum use of inner space with minimum wastage,
amenities like swimming pool, garden, lift, security system, intercom facility, health
club, children’s play area are
11. Environmental aspects like noise, smoke pollution level, sea front, nuisance due to
railway track, industries, air port, climatic conditions are
12. Natural calamity like earth quake prone areas, flooding and cyclone hazards,
Tsunami prone area are
13. Soil condition - Rocky soil, hard muram, black cotton soil, reclaimed soil, filled up
ground are
* * *
Answers :
1 - a 5 - a 9 - b 13 - c
2 - a 6 - b 10 - b
3 - a 7 - b 11 - c
4 - a 8 - b 12 - c
40
1. Rent control act, Urban land ceiling act, Coastal regulations, Ecological restriction
are examples for
3. Land acquisition act, Building Bye-laws, Town planning acts, Zoning regulations,
Laws governing building construction like development control rules, FSI norms,
Open space regulations, etc, Wealth tax, Income tax act are examples for
4. Law on earth quake resistant building, Reservation under different acts are
examples for
5. Safety distance from industrial belt, hazardous zone, etc., height restriction rules
near airport area, safety distance from high tension lines, railway tracks, highways,
water courses, are examples for
6. Locality (like poor class, middle class, posh areas); Neighbourhood (like well
developed, less developed, slum, cremation ground, dumping ground, nuisance
due to community hall); Civic amenities (like proximity of shops, mall, market,
hospital, bus stand, railway station) are examples for
9. Racial habitation (like parsi colony, mohamedan colony, hindu colony, catholic
colony), Religious factors (like proximity of temple, church, mosque) are the
examples for
10. Personal factors like Sentimental, Considerations, Belief in vaastu, Liking for
specific neighbourhood are the examples for
* * *
Answers :
1 to 5 - a 6 to 10 - c
42
2. It is the price that would tend to prevail in a free, open and competitive market on
the basis of an equilibrium, set by forces of demand and supply. Highest and best
use or alternative use of the property is also considered while estimating value. We
may say it is also Fair market value
* * *
Answers :
1 - d 2 - d
43
1. The things which can be physically touched or felt like land, furniture, jewelry are
called as
2. The things which cannot be touched but have the right of ownership of
non - material things are called
7. A property is a
9. If two or more persons own a thing as in the case of a house or land. It is called
10. It is an example of duplicate ownership which allows the separation of the powers
of the management and the rights of management. It is called as
12. ............. is one in which a property is conveyed to a person only for the terms of his
life. It is
13. It is the most complete ownership in real property. It implies absolute ownership.
The owner’s right is unrestricted in time (till perpetuity). This is called as
a) Easement b) Leasehold
c) Rented d) Freehold
14. A freeholder gives out to someone for use for a fixed duration under certain terms
and conditions. This is called as
15. The use of someone’s land without obtaining the title is called as
a) Lease b) Easement
c) Sub - lease d) Ground rent
16. The owner of the adjacent premises may use the land owned by his neighbour on
a temporary basis is called as
* * *
Answers :
1 - a 5 - a 9 - d 13 - d
2 - b 6 - b 10 - a 14 - c
3 - d 7 - a 11 - a 15 - b
4 - c 8 - b 12 - b 16 - d
46
1. It is a rate of interest at which the investor is willing to invest his capital to get
benefit. It is called
2. If a person deposits Rs. 10,00,000, in a bank as fixed deposit, the bank offers
interest at 8% on Fixed deposit. This 8% is called as
3. The rate of return expected by the investor for recoupment of capital invested in the
property is called as
a) 9 b) 8 c) 10 d) 12.5
9. The amount that has to be set aside annually by building owner at given rate of
interest for the period equal to past age of the building is called
11. It is defined as the net annual payment (return on investment) for the capital
invested in an immovable property
12. Mr. X get a rate of return of 6% from his investment on commercial shop of value
1 crore. What is the annuity?
13. Mr. X invests money in a nationalised bank as fixed deposit. The bank gives 8% as
annual interest on fixed deposit. The monthly interest amount Rs. 80,000. What is
the fixed deposit amount (Capital value)?
14. Mr. X invests money Rs. 15,00,000 in a bank and he gets ever month Rs. 10,000
as monthly interest. What is the rate of interest (Rate of capitalisation)?
a) 8% b) 7% c) 6% d) 5%
* * *
Answers :
1 - a 5 - a 9 - c 13 - a
2 - b 6 - a 10 - c 14 - a
3 - d 7 - d 11 - a
4 - c 8 - d 12 - a
48
1. What is annuity?
3. What is Capitalization?
a) 1% b) 3 % to 8%
c) 2% d) More than 8%
13. What is the rate of redemption of capital when compared to market rate?
a) Equal b) Lower
c) Higher d) Cannot judge
50
14. For short term period leased properties or building having a shorter life span, the
rate of redemption of capital has to be dealt with
* * *
Answers :
1 to 16 - b
51
(1 + i)n - 1 r
a) b)
i (1 + r)n - 1
1
1-
(1 + i)n
c) A = P (1 + i)n d)
i
r
a) A = P (1 + i)n b)
(1 + r)n - 1
1
n 1-
(1 + i) - 1 (1 + i)n
c) d)
i i
(1 + i)n - 1
a) A = P (1 + i)n b)
i
1
1-
r (1 + i)n
c) d)
(1 + r)n - 1 i
4. The formula for Present value of Re. 1 per annum at Years Purchase is
n (1 + i)n - 1
a) A = P (1 + i) b)
i
1
1-
(1 + i)n r
c) d)
i (1 + r)n - 1
52
(1 + i)n - 1
a) A = P (1 + i)n b)
i
1 r
c) (1 + i)n d) (1 + r)n - 1
a) 10% b) 6% c) 10% d) 8%
8. If the unexpired period in lease is short, then the lessor’s share will be
9. If the unexpired period is very long, the value of lessee’s share will be
10. The value in the hands of lessor and lessee mainly depends on
* * *
Answers :
1 to 5 - c 6 to 10 - d
53
1. What is the gross amount which will fetch for Rs 1,000 at 10% on simple Interest for
2 years term?
2. What is the gross amount which will fetch for Rs 1,000 at 10% on Compound interest
amount for 2 years term?
3. Present value of rupee Calculation - What is the Present value of rupee for Capital
amount receivable at a future date of Rs 10,00,000 at 6 % compound interest rate for
10 year term?
4. Amount of Re. 1 / year (annum) Calculation - Rs 500 deducted every month and
invested annually towards PF account from salary for a period of 20 year terms and at
a 7% of compound interest?
5. Annual sinking fund Calculation - To find out the depreciated worth of the building to
set aside annually for 10 lakhs as Capital recoupment amount expected at a 4% interest
rate for the period unexpired period of lease of 60 years
6. Present value of future income of Re. 1 / year (Single rate basis) - Annual Rental
income from property is Rs 48,000 /-. If the building is demolished after 40 years, what
will be the present value of the property @ 7% interest rate?
7. Present value of future income of Re. 1 / year (Duel rate basis) - The annual rent
received from the property is rs 48000 /-. Expected rate of return is 10% future life of
the building is 50 years. Recoupment rate is 4% on capital. Find the purchase price.
* * *
Answers :
1 to 7 - b
54
a) MOUD b) SEBI
c) CRISIL d) IT Act
* * *
Answers :
1 to 3 - d 5 to 6 - d
4 - c
55
2. When compared to the yield rate available for long term investment in Government
security, the return on investment in real estate is considered as
a) Higher b) Lower
c) Not preferable d) Same
* * *
Answers :
1 to 2 - a 3 to 4 - b
56
1. If the Land alone is fully developed and rented out, the method to be used
3. Land partly developed and rented, additional FSI available in the property
10. Deduction allowable under Indian Act on rental income of house property
12. When a parcel of land is given on lease, the rent reserved in lease is known as
13. The rent mutually fixed by the owner and the tenant is called as
14. The rent which can be legally charged by a landlord from a tenant or the rent derived
by a court of law is called as
16. When the lessor leases the property on lease he will get
17. When the head lessee sub leases the property he will get
18. The difference amount between the amount received by the head lessee by sub leasing
the leasehold property and amount paid by the head lessee to the lessor is called
19. What is the difference in rate of return of Secured ground rent in comparison with
unsecured ground rent?
a) 2% to 3% more b) 2% to 3% less
c) 1% to 2% more d) 1% to 2% less
20. What is the rent assumed if the property is Owner occupied or vacant premises
23. Lessor gives an Open plot of land on lease to the lessee for the construction of
building for a lease period. This lease is
24. Lessor gives a building (i.e.) both land and building on lease to the lessee for a lease
period. This lease is
25. A lease agreement in which the lessee pays all outgoings apart from his head rent.
Such lease is called
26. What is the lease name when the lease period is fixed till the death of lessee and the
lease period expires on lessee’s death
30. The value in the hands of lessor and lessee mainly depends on
31. If the unexpired period in lease is short, then the lessor’s share normally will be
32. If the renewal clause is not stipulated in the lease agreement then the lessor’s share
will be
33. If the lessee surrenders the development in the property free of cost after expiry of
lease period then the lessor’s share will be
34. If the periodical rent revision in terms of market rent during lease period, then the
lessor’s share
35. If the unexpired period is very long, the value of lessee’s share will be
36. If there is no restrictive conditions in the lease deed, then the value of lessee’s share
will be
37. If the profit rent is more and balance lease period is more, then the value of lessee’s
share will be
40. Remunerative rate / Accumulated rate of investment of lease period for 50 years
and above will be
* * *
Answers :
1 - d 9 - d 17 - d 25 - d 33 - d
2 - c 10 - d 18 - d 26 - d 34 - d
3 - d 11 - d 19 - d 27 - d 35 - d
4 - d 12 - d 20 - d 28 - d 36 - d
5 - d 13 - d 21 - d 29 - d 37 - d
6 - d 14 - d 22 - d 30 - d 38 - d
7 - d 15 - d 23 - d 31 - d 39 - d
8 - d 16 - d 24 - d 32 - d 40 - d
61
4. Which people are all not forming supply side of the market?
7. When the real estate market considered in terms of both an investment and
consumption good?
10. What are the variables affecting supply schedule in real estate?
* * *
Answers :
1 - d 5 - d 9 - d 13 - d
2 - c 6 - d 10 - d 14 - d
3 - d 7 - c 11 - d 15 - d
4 - d 8 - d 12 - d 16 - d
64
5. Expectations of people about likely fall in price of real estate in near future results in
11. In the demand and supply curve, quantity of goods available is plotted as
12. Transaction takes place after higgle haggle (bargaining) for the price. This
process is explained by
13. The four factors - economic, physical, social and legal factors mainly affect
* * *
Answers :
1 - a 5 - a 9 - a 13 - a
2 - b 6 - b 10 - b 14 - b
3 - c 7 - c 11 - c
4 - d 8 - d 12 - d
66
3. Before undertaking comparison with sale transactions, the valuer’s prime duty is
6. The weightage to be applied to sale instance rate in the case of landlocked land
is
a) + 15% b) - 75%
c) + 25% d) - 15%
67
a) + 5% b) + 10%
c) - 15% d) + 15%
a) - 50% b) - 25%
c) - 30% d) Deduct for cost of earth filling
10. The weightage to be applied for properties pending litigation (stay in the court
against sale)
* * *
Answers :
1 - a 5 - a 9 - a
2 - b 6 - b 10 - b
3 - c 7 - c
4 - d 8 - d
68
a) Flats b) Restaurant
c) Cinema theatre d) Agricultural land
2. For adjustment grid model, the (minimum) main attributes of the properties are
5. Under the adjustment grid model, the rate adjustment is mainly to be given first
for
* * *
Answers :
1 - a 5 - a
2 - b 6 - b
3 - c
4 - d
69
2. If the land is situated in a business area of the town, the rental value is
a) Less b) More
c) Double d) Stable
3. The important criteria for the selection of the best land in the town is
4. If the land is situated where there are no infrastructure facilities like water, power,
drainage, the value is
a) Lower b) Higher
c) Stable d) Unstable
a) Less b) More
c) Constant d) No value
70
8. The plots having road in the front and rear side is called as
a) More b) Less
c) Double the normal value d) Half the normal value
10. The concept of floating FSI or transferable right for development of the land is
* * *
Answers :
1 - a 5 - a 9 - a
2 - b 6 - b 10 - b
3 - c 7 - c
4 - d 8 - d
71
3. Sale comparison method and development method (Residual technique) are the
two main methods under
4. When total unavailability of sale instances are there, the method useful to find
the land rate is called as
5. By using this method, land value can be arrived at. The method is called as
10. In a joint venture arrangement, the share of the landlord will be more if the land rate is
a) Less b) High
c) Average d) Adopted based on Guideline rate
11. In a joint venture agreement, the share of the builder is less when
12. In a joint venture agreement, the two main factors which decide the ratio normally is
* * *
Answers :
1 - a 5 - a 9 - a
2 - b 6 - b 10 - b
3 - c 7 - c 11 - c
4 - d 8 - d 12 - d
73
2. The cost of building in the year 1990 is 5 lakhs to Mr. A; If it is sold to Mr. B for
Rs. 10 lakhs in the year 2000, the original cost to Mr. B is
3. The depreciated replacement cost of the building to the new owner is called
4. The term - loss in money value due to age, usage, wear and tear is called as
a) Scrap b) Appreciation
c) Salvage d) Depreciation
7. The method devised by CPWD to work out the cost estimate for the building
proposed to be constructed is called as
a) 01.01.1955 b) 01.01.1992
c) 01.10.1976 d) 01.10.2012
10. This method is videly used to file claim under land acquisition act and for
insurance companies
* * *
Answers :
1 - a 5 - a 9 - a
2 - b 6 - b 10 - b
3 - c 7 - c
4 - d 8 - d
75
4. The life of building becomes obsolete due to changes in life style of society. This
is called
5. A building is erected in a lease land which has 30 year lease period. The valuer
has to adopt the life of the building as 30 years only. This is called
a) 30 - 40 Years b) 40 - 60 Years
c) 60 - 80 Years d) 20 - 30 Years
9. High rise RCC framed buildings which are not designed for earthquake
resistance features like shear walls may have
* * *
Answers :
1 - a 5 - a 9 - a
2 - b 6 - b 10 - b
3 - c 7 - c
4 - d 8 - d
77
a) Depreciation b) Appreciation
c) Functional obsolescence d) Technical obsolescence
2. The normal wear and tear which occurs due to the usage of the asset is called as
7. Old load bearing structure with more thick walls is an example for
10. The method where equal percentage of depreciation is allowed on its original cost
(Replacement cost) for each year of life is called as
11. In this method, constant rate of depreciation is first assumed and depreciation is
calculated by applying formula.
12. Optimum economic benefit of the land and building is not achieved. This is called as
13. An asset suffering from severe economic or functional obsolescence may have
* * *
Answers :
1 - a 5 - a 9 - a 13 - a
2 - b 6 - b 10 - b
3 - c 7 - c 11 - c
4 - d 8 - d 12 - d
79
1. Cost of creating a new building having identical utility and performing similar
functions as being performed by the existing old asset is called as
2. It is cost to produce exactly similar asset (i.e. exact replica - mirror image) of the
old existing asset to be valued. It has same utility, functions, similar specification.
It is called as
10. Market value of the building is estimated by using the formula Net Present Value
= Replacement cost - Depreciation. This approach is called as
* * *
Answers :
1 - a 5 - a 9 - a
2 - b 6 - b 10 - b
3 - c 7 - c
4 - d 8 - d
81
1. This method is not helpful in estimating values of premises which are rented
3. Land married with structure does not fetch same price in market as a
4. In the areas where much sale transactions have not taken place, land value
estimation is
* * *
Answers :
1 - a 3 - c
2 - b 4 - d
82
1. Forced sale value and orderly liquidation value are the two classifications under
3. Forced sale value and realisable value are one and the same?
4. Value of brick field is usually calculated on the basis of .......... years profit for the
lessee’s interest
a) 20 years b) 10 years
c) 30 years d) 40 years
5. When doing valuation of fisheries, the year’s purchase for such fisheries normally
can be
6. Collecting stamp duty for the deeds registered in the registrar’s office is
8. Market value by adopting guideline rate fixed by local registrar’s office and by
adopting prevailing market rate - are they one and same?
a) Cost b) Price
c) Value d) Market value
10. A borrower is pledging his property as a collateral security to a bank. The bank
directs the valuer to certify the
11. The borrower’s account becomes NPA. The bank has taken symbolic possession.
Under the SARFAESI act, the bank directs the value to certify the
12. When the pledged property is to be auctioned, the upset price is to be fixed by the
a) Advocate b) Valuer
c) Bank d) Owner of the property
13. Debt Recovery Tribunal and SARFAESI are one and the same?
14. The reserve price (upset price) will be fixed based on the
16. In the probate petition of the legal heirs, a valuation report is required to
17. When a person dies after leaving a WILL, it is necessary for the executor of the
WILL to obtain a ............. from the high court.
a) Clearance b) Probate
c) No objection d) Endorsement
18. Even if the WILL is signed by the deceased, it will be declared null and void if it is
not countersigned by
a) Wife b) Sons
c) Daughters d) Two witnesses
20. Courts have upheld that valuation of property for probate purposes and court fees
for probate cases should be estimated as per the provisions of
a) Probate b) Notarised
c) Testimony d) Endorsement
22. Certificate issued by a court that the WILL of a deceased is legally valid and that
the executors appointed under the WILL are authorised to administer. This process
is called
a) Endorsement b) Notarised
c) Testimony d) Probate
* * *
Answers :
1 - a 5 - c 9 - a 13 - d 17 - b
2 - b 6 - a 10 - a 14 - d 18 - d
3 - c 7 - b 11 - c 15 - d 19 - a
4 - b 8 - c 12 - c 16 - a 20 - c
21 - a
22 - d
23 - a
86
MORTGAGE
1. A person who mortgages his property in lieu of security payment or loan is called as
a) Mortgagor b) Mortgagee
c) Borrower d) Applicant
2. The person who advances funds or loan amount against the security offered by
the property owner is called as
a) Mortgagee b) Mortgagor
c) Applicant d) Borrower
3. Mortgagor does not give possession of the property to the mortgagee but he gives
personal undertaking to repay loan amount with interest. This mortgages is called
as
4. The mortgage deed provides for conditional sale of the property by the mortgagor
to the mortgagee. This mortgage is called as
6. The Mortgagor delivers to the mortgagee title deeds with intent to create a security
thereon. This mortgage is called as
7. If an asset is created through finance obtained from the bank, such security is
known as
8. The additional security (apart from the primary security) pledged to the bank is
called as
9. For the construction of a residential building, an applicant obtains loan from a bank.
On completion of the construction, the bank directs the panel valuer to certify
10. In the case of collateral securities, the bank directs the valuer to certify
11. If there is a default of repayment of loan by the borrower, the account becomes
N.P.A. The bank decides to auction the property to recover the loan. In this case,
the bank directs the valuer to certify
12. Valuers prefer to estimate forced sale value a certain percentage less than the fair
market value. This percentage normally is
a) 30% b) 15%
c) 40% d) 50%
13. The term in common parlance would mean net money likely to be realised after the
sale of the property is
14. Valuers prefer to estimate auction value a certain percentage less than the fair
market value. This percentage normally is
a) 5% b) 15%
c) 10% d) 30%
15. An estimate of minimum price likely to be offered by the bidders in the public
auction of the mortgaged property is called as
16. Before proceeding with valuation, is it the duty of a valuer to ask for documents like
title deeds, plan, etc.
17. Valuer is not a fortune teller and he can at the most foresee market conditions only
for
a) 1 year b) 5 years
c) 7 years d) 10 years
18. Is there any hard and fast rule that auction value should be always lower than the
fair market value?
19. Authorised officer under this act has more powers than a court receiver. He can
take not only symbolic possession of the property but can also take physical
possession of the property from the tenants also. This act is known as
20. A temple is a
21. To ascertain the rent for the premises proposed to be occupied by Central
government department, who is ascertaining the rent for them?
22. Which rate is being adopted by CPWD at the time of fixing rent for the buildings
proposed to be occupied by the Central government departments?
23. While fixing rent for the premises, CPWD follows the method purely based on
recognised principles of valuation?
24. In the case of metropolitan cities, the percentage rate of return to fix rent for
non-residential purposes adopted by CPWD is
a) 8% b) 10% c) 6% d) 4%
25. In the case of mofussil towns the percentage rate of return to fix rent for
non-residential purposes adopted by CPWD is
a) 5% b) 7% c) 9% d) 3%
26. In the case of metropolitan cities, the percentage rate of return to fix rent for
residential purposes adopted by CPWD is
90
27. In the case of mofussil towns, the percentage of rate of return to fix rent for
residential purposes adopted by CPWD is
28. To ascertain the rent based on the recognised principles, which method of
depreciation is adopted by CPWD?
a) CBDT b) CPWD
c) Valuation cell d) Public works department
30. When a property is sold after 01.04.2017, the fair market value of the property (for
the purpose of ascertaining capital gain) is to be ascertained as on
31. When a property is sold on 31.03.2017, the fair market value of the property (for
the purpose of computing the capital gains) is to be ascertained as on
32. If the FMV is to be ascertained as on 01.04.1981, then cost inflation index for
1981 - 82 is
33. If the FMV is to be ascertained as on 01.04.2001, then the cost inflation index for
2001 - 02 is
34. Any profit or gains arising from the transfer of a capital asset effected from the
previous year is called as
91
35. The capital gain tax percentage for an individual as on August 2020 is
36. The capital gain tax percentage for association of persons (AOP) as on Aug 2020 is
37. The capital gain tax percentage for companies as on August 2020 is
38. Cost inflation index and cost index are one and the same?
39. A capital asset held by an assessee for not more than 24 months immediately
proceeding the date of its transfer is called as
40. Sale consideration minus indexed cost of acquisition minus indexed cost of
improvement is
* * *
Answers :
1 - a 9 - a 17 - a 25 - c 33 - c
2 - a 10 - a 18 - a 26 - c 34 - c
3 - d 11 - b 19 - d 27 - d 35 - d
4 - d 12 - b 20 - d 28 - d 36 - d
5 - c 13 - d 21 - a 29 - a 37 - d
6 - c 14 - d 22 - a 30 - a 38 - a
7 - b 15 - c 23 - b 31 - b 39 - c
8 - b 16 - c 24 - b 32 - b 40 - c
92
3. Debt Recovery Tribunal and SARFAESI are one and the same
4. NPA means
5. Under the SARFAESI Act, the powers of taking possession and sell them are vested
with
a) 5 b) 6 c) 4 d) 3
11. Under which rule, valuation of immovable properties are dealt with
12. Under which rule, sale of immovable secured assets are dealt with
13. Which are the properties that cannot be considered as security under SARFAESI
act
14. Who is the authority to empanel the approved valuer under SAFAESI act (as on
2017)
18. The provisions of this Act relating to land acquisition, compensation, rehabilitation
and settlement shall apply
c) When the government takes the d) When any private party purchases
land on monthly rental basis the land
a) 12 b) 13 c) 11 d) 10
25. The collector having determined the total compensation to be paid, shall, to arrive
at the final award, impose a ‘solatium’ amount equivalent to ................% of the
compensation amount
26. The collector in determining the market value of building and other immovable
property used the services of a
a) Surveyor b) Architect
c) Competent engineer d) Draftsman
27. The collector for the purpose of determining the value of trees and plants attached
to the land acquired uses the services of
* * *
Answers :
1 - a 9 - d 17 - a 25 - c
2 - a 10 - c 18 - a 26 - c
3 - a 11 - c 19 - b 27 - d
4 - b 12 - c 20 - b
5 - b 13 - a 21 - b
6 - b 14 - a 22 - b
7 - d 15 - a 23 - c
8 - d 16 - a 24 - c
96
1. The right granted by a landowner to an owner of another property for the non-exclusive
use of a portion of the land of a specific purpose or enjoyment of certain rights, is
called as
2. When a family is partitioned and its members agree amongst themselves that in case
any of the parties wish to sell even at a future date, they must do so to one of the other
members. This is called as
4. To fix electric lines over certain lands or the right to construct underground drains over
certain lands or right to dispose water through adjoining property, right to use water
from a reservoir constructed over another property is called as
5. Easements are not attached to owners, but they are attached only to
a) Advocate b) Neighbours
c) Lessees / Tenants d) Municipal authorities
97
7. When the benefit of an easement is not exercised over a long period of time, then the
easement may be considered as
8. Ownership of a particular property (say a flat) is held for a specified period of time
during a year - is called as
9. The concept of time sharing was initially introduced in the mid 1960s at a resort in the
11. The promoter runs the business and lets to the owner to use the premises, as per the
agreement, for the specific time of the year. The agreement may be for 20 years.
Once the period is over, the entire property reverts to the original developers. This
type of arrangement is called as
a) Form of rent on a long term basis b) Form of lease on a long term basis
c) Form of rent on a short term basis d) Form of lease on perpetuity
13. In a hill station, this period of time share will be more valuable comparatively to other
period
15. If a person is denied the right to use his land in a particular way, he should be offered
alternative facilities to ulitise these rights in some other way so that a public purpose
is served and at the same time the interest of the land owner is preserved. It is called
as
18. Transferring the building potential from one plot (originating plot) to some other site
(receiving plot) under certain terms and conditions is called
19. One of the essential conditions of the TDR is both the originating and receiving plot
must fall within the territorial jurisdiction of the
a) Magistrate b) Collector
c) Commissioner of the local authority d) Chief Engineer, PWD
22. For the use of TDR, areas near railway track, highways and coastal areas are
99
24. TDR originated out of free surrender of plot reserved for public purposes like garden,
school, play ground, etc. is called as
25. TDR originated out of free surrender of plot or portion of plot affected by new road or
road widening of existing municipal road, is called as
26. TDR granted to developers, in lieu of carrying out redevelopment work of ‘slum area’
plot as per government policy & norms is called
27. Owner of plot on which ‘Heritage’ building exists and when FSI of such plot is
underutilised and when such owner is prevented to use such unutilised FSI on his
land, this TDR is granted to owner which corresponds to unulitised FSI area in the
plot. Such TDR is called as
28. If originating TDR is from residential zone, it cannot be used on plot in industrial or
commercial zone and vice versa. This is
a) False b) True
c) Not applicable d) No such rule
100
30. A contract for leave and licence is a right of ‘Licence’ as per section 52 of
* * *
Answers :
1 - a 9 - a 17 - a 25 - a
2 - a 10 - a 18 - a 26 - a
3 - b 11 - b 19 - b 27 - b
4 - b 12 - b 20 - b 28 - b
5 - c 13 - c 21 - c 29 - c
6 - c 14 - c 22 - c 30 - c
7 - d 15 - d 23 - d
8 - d 16 - d 24 - d
1. “Market value is the estimated amount for which a property should exchange on the
date of valuation between a willing buyer and a willing seller in an arm’s length
transaction after proper marketing where in parties had each acted knowledgeably
predently and without compulsion”. This is as per which standard?
* * *
Answers :
1 - d
101
1. RUSTAM C. COOPER vs Property means the highest right a man can have
UNION OF INDIA to anything, it includes ownership, estates and
interest in coporeal things and also rights such
as trademarks, copy rights, patents, etc. Court
has included all types of property viz tangible.
* * *
104
FAQ
01. Property includes ownership, estates and interests in corporeal things and also
rights such as trademarks, copyrights, patents.
02. In this case, the court approved of investment theory in preference to comparable
rent theory to fix standard rent of the rent controlled premises. The court
considered return or yield from Gilt Edged security as the basis.
03. In which of the following case, the court has for the first time approved of
Investment theory of Rent fixation, by allowing 1.50 percent more return than the
return on gilt edged security on value of land and 2.5 percent extra yield on the cost
of the building, as fair return to the landlord on his investment in an immovable
property?
04. The Doctrine of Unearned Increase was enunciated because of a famous court
judgement. Select the correct judgement.
05. The landmark judgement, Commissioner of Wealth Tax, New Delhi Vs. Sri P.N.
Sikand (1979) 107 ITR 922 (SC) states that:
06. For owner occupied portion, the District valuation officer calculated the value on
the basis of what were the rates prevalent for sale of commercial flats in cannaught
place. For the tenanted portion, he capitalised the rental value. The method adopted
by him is acceptable.
07. In which of the following cases, the court approved comparable sales method of
valuation for owner occupied portion of the building and rental method of valuation
for tenanted portion of the same building.
08. Basic valuation register for the purpose of collecting stamp duty cannot form a
foundation to determine the market value
09. The court cannot take into account the award passed by the SLAO unless it is
produced and proved before the court. The market value is to be determined as on
date of publication of the notification under sec 4 of LAA. Plus factors and minus
factors are to be considered while determining the market value.
10. The method of valuing the land and the building separately and adding up the
value would be improper in such cases, because that would ignore the impact of
Rent Control Act on the value of the land and building.
11. The rate of capitalisation should be not unreal and must have regard to the
commercial rate of return after taking inro consideration the various constraints
and insecurities in the propety market.
12. The valuation officer under the method adopted by him, has taken the value of the
land twice, once in arriving at the figure by the yield or rental method and again in
applying the reversionary method. This is in our view was wholly wrong.
13. The court approved of Tribunal’s decision to allow 10% deduction in value to
account for sale of undivided share in the property.
or
In the method adopted by the valuation officer, the value of land taken twice viz.
i) the amount included in the yield method and ii) again under the reversionary
method. This is a novel approach but in our view is erroneous.
Answers :
1 to 13 - b
* * *
107
1. A valuer is not witness of facts but he is witness of opinion of facts, i.e., on fair value
of the property. Is this correct?
2. If A has sold a property to B for 20 lakhs through a broker, then the broker is a
3. A has sold a property to B for Rs. 20 lakhs through a broker,. The valuer as expert
witness deposes that the value of said property is Rs. 25 lakhs. Then, the valuer is
5. The first important quality of an expert honest valuer while being cross examined is
8. A valuer who has never faced cross examination by a senior counsel in the court,
will never reach perfection in field of valuation, in spite of several years of practice
as valuer
a) Ethics b) Conduct
c) Discipline d) Character
10. Inadequate physical inspection or doing valuation without inspecting the property
is considered as
12. Which of the following is expressed by a valuer while giving expert evidence in the
examination - in - chief in the Court?
13. A flat was valued by ‘A’ at Rs. 21 Lakhs and then purchaser ‘B’ purchased from seller
‘C’ said flat for Rs. 20 Lakhs with the help of broker ‘D’. In a court case about correct
sale value, which of the following is not called a ‘witness of fact’?
* * *
Ans
1 - c, 2 - b, 3 - b, 4 - a, 5 - a, 6 - a, 7 - b, 8 - d, 9 - a, 10 - b, 11 - b, 12 - a, 13 - b
109
5. In the language of insurance, the risks like fire, earth quake, riot, terrorism,
explosion, flooding. tsunami, storm, cyclone, lightening are called
a) 10 b) 3 c) 2 d) 4
10. The insurance company who undertakes risk of the person taking insurance policy
is called as
11. The person who seeks indemnity and insurance cover for his asset from an
insurance company is called as
12. The sum for which the asset is insured by the insurer is called as
13. The annual sum payable by the insured to the insurance company for risk
protection of assets is called as
14. The (fair) reasonable value (True value) of the asset on the day of taking out of
insurance policy is called as
15. If the insured amount is higher than the true worth of the asset (value at risk), than
it is called as
16. If the insured amount is lower than the true worth of the asset / value at risk, then
it is called as
19. Immediately on payment of premium, the insurance company issues a ‘cover note’
and later releases the insurance policy. A risk is covered even from the
21. The types of building insurance policy which are available with the insurance
company are
22. Value at risk and insurable amount are determined on the basis of depreciated
value of building. This type policy is called
23. In this type of policy, a clause is added that full reinstatement of the asset will be
done by the insured company, in case of total destruction of the building. It is called
as
a) 30 years b) 20 years
c) 25 years d) 15 years
25. This policy is available only for marine insurance and goods in transit through sea
way and not for building insurance
a) 4 b) 3 c) 2 d) 6
27. It is an all peril policy. All types of risks are covered. Damage not only due to fire but
by flood and earthquake are also covered. In this type of policy, 15% variation in
insured amount estimate and actual value at risk are admissible. If difference is
more, average clause is made applicable. This policy is offered for non industrial
buildings like residential building, office building, hotel building, hospital, etc.
28. This policy covers restricted peril viz. damage by fire. However it also covers risks
due to gas explosion and damage by lightening. In this type of policy 15% variation
in estimation is not permitted. This type of policy is also offeref for non industrial i.e.
for residential and commercial structures.
29. This policy is offered mainly for industrial buildings and godown type structures.
Risk covered under the policy is also mainly fire, lightening and explosion only. In
this policy also 15% variation between sum insured and value at risk is not allowed.
32. For the high valued properties under insurance the premium amount will be
33. If the insured sum is 30% less than the value at risk, then the insurance company
will pay ................. amount of the insured sum
35. Several property owners insure the flats, shops, office for full purchase price. This
is not proper, because
36. All RCC framed and load bearing structures with brick or concrete walls, RCC slab
belong to the category of
37. The temporary type semi-permanent structures with AC / GI shade roof, belong to
the category of
Sum insured
Amount payable = Assessed loss x
Risk insurable
This is called as
* * *
Answers :
1 - a 9 - a 17 - a 25 - a 33 - a
2 - b 10 - b 18 - b 26 - b 34 - b
3 - c 11 - c 19 - c 27 - c 35 - c
4 - d 12 - d 20 - d 28 - d 36 - d
5 - a 13 - a 21 - a 29 - a 37 - a
6 - b 14 - b 22 - b 30 - b 38 - b
7 - c 15 - c 23 - c 31 - c 39 - c
8 - d 16 - d 24 - d 32 - d
115
a) Exhaustive b) Detailed
c) Brief d) Sufficient sometimes
6. While preparing a valuation report, the valuer must satisfy himself that whatever
he writes is
7. The valuer himself must verify and get satisfied that the evidence and facts stated
in the report are
* * *
Answers :
1 to 7 - a
116
5. Valuer may not be required to give evidence as expert in the court for the following:
* * *
Answers :
1 - a 5 - a
2 - b 6 - c
3 - c
4 - d
117
Part - III
CONTENTS
DISCLAIMER
While every effort is taken to avoid errors or omissions in this publication, any
mistake or omission that might have crept in is not intentional. It may be taken note
of that neither the publisher nor the author will be responsible for any damage or
loss of any kind arising to any one in any manner of account of such errors and
omissions. A few case studies have been taken from the book of Mr. R.K. Gandhi.
121
1. VALUATION OF BUILDING
Exercise 1 :
ii) What is the depreciation by constant percentage method if the depreciation rate is
1.5%.
i) Age = 8 years
Life = 60 years
Salvage = 10%
8
Depreciation = x (100 - 10) = 12%
60
r n
ii) Depreciation = 1 - (1 - )
r 100
Formula A = P (1 - 100 )n
1.5 8
= 1 - (1 - )
A = depreciated value 100
P = replacement value
n = age = 1 - (0.985)8
r = rate of depreciation
Depreciation factor = 1 - (0.886) = 0.1138 or
Depreciation percentage = 0.1138 x 100 = 11.38%
Exercise 2 :
It is a load bearing structure of 20 years old. Plinth area : 1275 sq.ft.. Replacement rate =
Rs. 1,650/sq.ft. What is the depreciated value of the building (Life : 60 years, salvage
value = 10%) by adopting straight line method (SLM)?
20
Depreciation percentage = x (100 - 10) = 30%
60
Depreciated value or = 0.7 x 21,03,720
Net Present Value or = Rs. 14,72,625/-
Depreciated Replacement cost
or NCRC
Exercise 3 :
The built up area of a GF building is 5,000 sq.ft. and the carpet area is 4,000 sq.ft. Plot area
is 10,000 sq.ft. What is the FSI? What is plot coverage?
Builtup area
FSI =
Plot area
5,000
= = 0.5
10,000
GF area
Plot coverage = x 100
Plot area
5,000
= x 100 = 50%
10,000
Exercise 4 :
A building of 8,000 sq.ft (GF & FF - 4,000 sq.ft each) is existing in a plot of 8,000 sq.ft.
What is the plot coverage?
Plinth area of GF
Plot coverage = x 100
Plot area
4,000
= x 100 = 50%
8,000
Exercise 5 :
20 years factory building of 5,000 sq.ft. is situated in 1 acre of industrial land. The unit
replacement rate of building is Rs. 1,000/-. Assuming the life as 40 years and a salvage
value of 30%, find the depreciated value and salvage value of the building.
Exercise 6 : (IBBI)
Building area = 1,200 m2 ; Age = 25 years ; Life = 50 years ; Salvage value = Nil ; Plot area
= 2,000 m2 ; Land rate = Rs. 8,000/m2 ; Replacement cost of building = Rs. 25,000/m2.
What is the value?
Exercise 7 :
The plinth area of a RCC roofed load bearing residential building (16 years old) is
1,000 sq.ft. The life of the building as 60 years and a salvage value of 10%,
Questions :
1) Calculate the depreciated value if the unit replacement cost is Rs. 1,800/-.
2) For the above building, if the age of the first floor is 10 years, what will be the
depreciated value of first floor of built up area 1,200 sq.ft. assuming the unit rate of
construction as Rs. 1,400/-.
Data :
Calculations :
GF
Plinth area = 1,000 sq.ft.
Replacement rate = Rs. 1,800/sq.ft.
Replacement value = Rs. 18,00,000
Age = 16 years
Life = 60 years
Salvage value = 10%
16
Depreciation percentage = x 90 = 24%
60
Depreciated value = 0.76 x 18,00,000
= Rs. 13,68,000/- (1)
FF
Plinth area = 1,200 sq.ft.
Age = 10 years
Life = 60 Years
Depreciation (as of GF) = 24%
Replacement rate = Rs. 1,400/sq.ft.
Replacement value = 1,200 x 1,400 = 16,80,000
Depreciated value = 0.76 x 16,80,000
= Rs. 12,76,800/- (2)
Answers :
Exercise 8 :
A RCC framed structure building consists of front portion (1,500 sq.ft. - 24 years age) and
rear portion (1,200 sq.ft. - 16 years). The replacement unit rate of construction is
Rs. 1,600 per sq.ft. Life - 80 years. Salvage value - 10%.
Questions :
Data :
Number of portions = 2
Type of structure = RCC framed
Area of front portion = 1,500 sq.ft.
Age of front portion = 24 years
Area of rear portion = 1,200 sq.ft.
Age of rear portion = 16 years
Replacement rate of construction = Rs. 1,600/sq.ft. (average)
Life = 80 years
Salvage value = 10%
Calculations :
Rear portion :
Plinth area of rear portion = 1,200 sq.ft.
Replacement rate = Rs. 1,600/sq.ft.
Replacement value = 1,200 x 1,600
= Rs. 19,20,000
Age of the building = 16 years
Life of the building = 80 years
Salvage value = 10%
16
Depreciation percentage = x 90 = 18%
80
Depreciation value = 0.18 x 19,20,000
= Rs. 3,45,600
Depreciated value = 19,20,000 - 3,45,600
= Rs. 15,74,400/- (1)
Front portion :
Plinth area of front portion = 1,500 sq.ft.
Replacement rate = Rs. 1,600/sq.ft.
Replacement value = 1,500 x 1,600
= Rs. 24,00,000
Age = 24 years
Life = 80 years
Salvage value = 10%
126
24
Depreciation percentage = x 90 = 27%
80
Depreciation value = 0.27 x 24,00,000
= Rs. 6,48,000
Depreciated value = 24,00,000 - 6,48,000
= Rs. 17,52,000/- (2)
Answers :
Exercise 9 :
It is a residential building of GF & FF. The age of GF is 16 years and FF is 8 years. Plinth
area of each floor is 1,200 sq.ft. Replacement unit rate of GF & FF is Rs. 1,600 & 1,200
respectively. Assume life as 60 years and salvage value as 10%.
Questions :
Data :
Calculations :
GF FF
Plinth area = 1,200 sq.ft. 1,200 sq.ft.
Replacement rate = Rs.1,600/sq.ft. Rs.1,200/sq.ft.
Replacement value = Rs.19,20,000 Rs.14,40,000
127
Answers :
Exercise 10 :
A load bearing building (1,500 sq.ft.) of 20 years old is existing in a plot of 2,400 sq.ft. The
unit land rate of plot is Rs. 2,000 and replacement unit rate of construction is
Rs. 1,700 sq.ft. It is a collateral security. Salvage value = 10%.
Questions :
Data :
Calculations :
Answers :
Exercise 11 :
Plinth area is 1,000 sq.ft. Replacement rate of construction is Rs. 2,000/sq.ft. Age is
20 years. Life is 60 years. Salvage value is 10%.
Questions :
Data :
Calculations :
r n
Depreciation percentage = 1-(1 - )
100
by constant %age method
r
Formula A = P (1 - 100 )n 1.5 20
= 1-(1 - )
A = depreciated value 100
P = replacement value
= 1 - (0.985)20
Depreciation factor = 0.26087
Depreciation percentage = 0.26087 x 100 = 26.09% (4)
Answers :
Exercise 12 :
Rs. 3,50,000. First floor was constructed in 1990 at a cost of Rs. 6,00,000/-. Work out
replacement cost of bungalow for the year 2003 by Book value method. The building cost
multiplier factor with 1960 as base year for year 1985, 1990 and 2003 were 14.16, 27.08
and 87.50 respectively. (Courtesy : Mr. R.K. Gandhi).
Questions :
Data :
Calculations :
Answers :
Exercise 13 : (IBBI)
The ground floor of an RCC framed residential building was constructed in 1978. The first
floor of the building was constructed in 1992 and second floor was in 2010. A major structural
renovation took place in 2015. The areas of ground floor, first floor and second floor are
1200 sq ft., 1200 sq. ft and 800 sq ft respectively. The cost of construction of similar type
of building in 2015 as per CPWD Plinth Area Rate method is INR 1600 per sq ft. The Cost
Index in 2018 is 114. The remaining economic life of the building in 2018 is another
65 years.
Questions :
2010 800
1) What is the physical age of first floor as on date?
2) What is the effective age of the building? 1992 1200
3) What is the replacement value of the building in 2018?
4) What is the depreciation percentage of the first floor in 2018? 1978 1200
5) What is the depreciated value of the building in 2018?
Data :
Calculations :
2) Age of GF = 40 years
Remaining economic life = 65 years
Effective life of the building = 65 + 40 = 105 years
4) Age of GF =
40 years
Life of GF =
105 years
Salvage value assumed as =
10%
40
Depreciation percentage = x 90 = 34.29% (4)
105
This %age is assumed as %age of depreciation for FF also.
Answers :
1) 40 years 4) 34.29%
2) 105 years 5) Rs. 38,35,361/-
3) Rs. 58,36,800/-
Exercise 14 :
SF
20Y
2,200
Questions :
FF
20Y
2,200
1) What is the value of the plot?
2) What is the depreciated value of GF? GF
40Y
2,000
3) What is the depreciated value of FF & SF?
4) What is the value of the entire building?
5) What is the value of the building for the purpose of fire insurance assuming 20%
as the value of foundation?
6) What is the value of property?
Data :
Calculations :
GF
Plinth area = 2,000 sq.ft.
Replacement rate = Rs. 1,600/-
Replacement value = 2,000 x 1,600
= Rs. 32,00,000
Add 10% for external services = Rs. 3,20,000
Total = Rs. 35,20,000/-
Age of ground floor = 40 years
Life of ground floor = 60 years
Salvage value = 10%
40
Depreciation percentage = x 90 = 60%
60
Depreciation value = 0.6 x 35,20,000
= Rs. 21,12,000/-
Depreciated value of GF = 35,20,000 - 21,12,000
= Rs. 14,08,000/- (2)
FF & SF
Built up area of first floor = 2,200 sq.ft.
Built up area of second floor = 2,200 sq.ft.
Total built up area = 4,400 sq.ft.
Replacement rate = Rs. 1,800
135
Answers :
* * *
136
Exercise 1 :
In 2008, Mr. X purchased a residential plot of 3,000 sq.ft. for Rs. 15,00,000/-. In the year
2010, he constructed a residential building of GF for 1,500 sq.ft. and in the year 2012, he
constructed FF for 1,200 sq.ft. In 2018, a valuation report is required. Replacement cost of
GF is Rs. 2,000/sq.ft. and FF is 1,600/sq.ft. Prevailing market rate of plot is Rs. 2,000/sq.ft.
and the guide line rate is Rs. 2,500/sq.ft. Assume the life as 60 years and salvage value is
10%.
Questions :
Data :
Calculations :
Value of GF
Value of FF
Value of GF + FF
Value of Plot
Book value
Answers :
Exercise 2 : (IBBI)
A doctor purchased a plot of 2,000 Sq.m. in a posh locality in a city in the year 1997 for a
price of Rs. 50,00,000/-. In the year 1998, he constructed a hospital having 500 Sq.m. built up
floor area at ground level and 200 Sq.m. built up area at first floor level at the cost of Rs.
20,00,000/-. Prevalent replacement cost of similar hospital as on 2018 is
Rs. 35,000 per Sq.m. Prevalent land price in the locality at present is Rs.80,000 per Sq.m.
Age of building is 20 years and the total life of the building is 60 years.
Questions :
1. What will be the depreciation amount of the hospital building by adopting straight
line method of depreciation and considering scrap value at 10% ?
2. What will be the depreciation amount of the hospital building by adopting constant
percentage method of depreciation?
4. What will be the total market value of the hospital property for bank loan purpose?
6 Which of the following will not be considered for the estimation of present value of
building?
Data :
Calculations :
2. Life = 60 years
100
Rate of depreciation = = 1.66 %
60
1.66 20
Depreciation amount = [
P 1-(1-
100
) ]
r n = 2,45,00,000 [1 - 0.7155]
[
P 1-(1-
100
) ] = 2,45,00,000 x 0.2845
= Rs. 69,70,250/- (2)
Answers :
Exercise 3 :
In the year 2000, a plot of 4,800 sq.ft. was purchased by Mr. X for Rs. 4,80,000/-. In 2008, he
constructed GF for an area of 1,400 sq.ft. In 2015, he constructed FF for an area of 1,200
sq.ft. It is a load bearing structure. The replacement rate of construction of GF & FF is Rs.
1,800 & Rs. 1,500 respectively. The guideline (circle) rate of plot is Rs. 1,540/sq.ft. and the
prevailing market rate is Rs. 1,000/sq.ft. Assume a salvage value 10%, Date of valuation is
2018.
Data :
Calculations :
Answers :
Exercise 4 : (IBBI)
A business man purchased a plot of 1000 sq.mt. in a posh locality of a city in the year 1987
for a price of Rs. 30,00,000. In the year 1988, he constructed a residential bungalow having
300 sq.mt. built up floor area at ground level and 100 sq.mt. built up area at first floor level at
the cost of Rs. 14,00,000. Prevalent replacement cost of similar bungalow as on today is Rs.
30,000 per sq.mt. Prevalent land price in the locality at present is
Rs. 60,000 per sq.mt. Age of building is 30 years and the total life of the building is
60 years.
Questions :
1. What will be the depreciation amount of the bungalow by adopting straight line
method of depreciation and considering scrap value at 10 % ?
4. What will be the total market value of the bungalow property for the bank loan
purpose?
6. Which of the following will not be considered for the estimation of present market
value of above property?
a) Depreciation b) Replacement cost
c) Current land rate d) Economic obsolescence
Data :
Calculations :
2. Life = 60 years
100
Rate of depreciation = = 1.66 %
60
1.66 30
Depreciation amount = [
P 1-(1-
100
) ]
r n
[
P 1-(1-
100
) ] = 1,20,00,000 x 0.3948
= Rs. 47,37,600/- (2)
Answers :
Exercise 5 :
Twenty years back, Mr. X purchased a plot of 3,000 sq.ft. for 4 lakhs. In this plot, he con-
structed a residential building of 1,000 sq.ft. 16 years back. The replacement rate of con-
struction including services today is 1,800/sq.ft. Assume the life as 80 years and
salvage value as 10%. The prevalent rate of plot as Rs. 1,500/sq.ft.
Data :
Calculations :
The purchased amount of plot will be the cost for balance sheet purpose.
Cost is Rs. 4,00,000/-.
Answers :
Exercise 6 :
A load bearing building having 1,000 sq.m. built-up floor area is constructed in the year 1992.
Total area of the plot is 5,000 sq.m. Replacement cost of building in March 2012 is Rs. 7,500/
sq.m. Prevalent Land rate is Rs. 1,200/sq.m. in the locality.
Questions :
Data :
Calculations :
Answers :
Exercise 7 :
A residential load bearing structure having 280 sq.m. built-up floor area is constructed in
1961 at Delhi. Area of plot is 650 sq.m. Calculate value of property as on 01.04.1981, if
prevalent land rate in 1981 in that locality was Rs. 800 per sq.m. Cost index for Delhi in 1981
was 176 with base year 01.10.1976 as 100. Rate for bungalow in 1976 was Rs. 325/sq.m.
Plumbing cost/unit was Rs. 6,000 and electrification cost was Rs. 5,700/unit as per C.P.W.D.
memorandum of 01.10.1976. Life is 60 years & salvage value is 10%.
(Courtesy : Mr. R.K. Gandhi)
Questions :
Data :
Calculations :
Answers :
Exercise 8 :
A bungalow having G + 2 upper floor is for sale. Area of plot is 500 sq.m. Ground floor having
200 sq.m. built-up area was built in 1975. 1st and 2nd floor having total 300 sq.m. built-up
area were raised in 1995. Prevalent land rate in locality, in 2012, is Rs. 46,000/sq.m. and
replacement cost is Rs. 18,000/- per sq.m. Date of valuation is 2012.
Questions :
Data :
Calculations :
Answers :
Exercise 9 :
An existing two storeyed framed structure stands on land measuring 2 grounds (1 ground
= 2,400 sq.ft.). The ground floor and first floor each has an area of 1,000 sq.ft. The ground
floor was constructed 20 years ago and the first floor 12 years ago. The prevailing land mar-
ket value of a similar adjacent vacant plot was Rs. 90,000 per ground. The
replacement cost of new similar construction (including foundation) is Rs. 300 per sq.ft. for
ground floor and Rs. 250 per sq.ft. for the first floor. External services, amenities, boundary
wall, etc. provided can be taken at 15% of the depreciated cost of the structure. Value the
property. Assume life as 80 years & salvage value as 10%.
(Courtesy : Mr. R.K. Gandhi)
Questions :
Data :
Calculations :
Answers :
Exercise 10 :
Land extent is 500 sq.m. in which a building of 300 sq.m. is existing. Year of construction is
2002. Present replacement cost is Rs. 20,000/sq.m. Prevailing market rate of land is Rs.
22,000/sq.m. What is the selling price as on today (omit salvage value)?
Data :
Calculation :
Plot
Building
* * *
155
Exercise 1 :
An assessee has spent Rs. 1,20,00,000 in his new building in the year March 2014. What will
be the written down value (WDV) of the above building as on 31.03.2018 assuming a rate of
depreciation as 10%. This is required for preparing balance sheet for Income Tax
purpose.
r n
Formula A = P(1- )
100
10 4
= 1,20,00,000 ( 1 - )
100
= 0.661 x 1,20,00,000
= Rs. 78,73,200/-
Exercise 2 :
In the year 2015, Mr. ‘X’ has spent Rs. 87,00,000/- in purchasing a vacant site of
10,000 sq.ft. which includes registration charges, stamp duty, brokerage, etc. What will be
the book value of the plot as on 2017?
Exercise 3 :
A factory building with 30’ roof height was constructed in 1974 at the cost of Rs. 6,40,000.
Calculate the replacement cost (by book value method) in the year 1995 if prevalent
building construction cost in 1974 and 1995 were Rs. 530/sq.m. and Rs. 5,800/sq.m.
respectively.
5,800
= 6,40,000 x
530
= Rs. 70,03,774/-
Exercise 4 :
A machine was purchased in year 1993 at the cost of Rs. 2,20,000/-. Cost Index factor for
year 1993 was 37.50 with base year 1960 as 1.00. Calculate replacement cost of machine
in year 2003 if Cost Index factor for year 2003 is 87.50 with same base year.
87.50
= 2,20,000 x
37.50
= Rs. 5,13,333/-
Exercise 5 :
In April 2012, Mr. ‘X’ has purchased a residential plot of 3,000 sq.ft. for an amount of
Rs. 9,00,000/- and has paid Rs. 1,22,000 for the registration charges, stamp paper,
brokerage expenses, etc. In this plot, he constructed a commercial building of 2,200 sq.ft.
for an amount of Rs. 25,25,000. The construction was completed in February 2013.
Calculation of book value is required for the purpose of income tax. Assume a
depreciation of, say, 10%.
157
Questions :
Data :
Calculations :
Cost of the plot in April 2012 (i.e. 2012 - 13) = Rs. 10,22,000/-
9,00,000 + 1,22,000
Answers :
* * *
159
4. INSURANCE
Exercise 1 :
The value of a building on completion in 2015 is 25 lakhs excluding foundation and the owner
has insured for Rs. 25 lakhs. The value of the building in 2018 is 30 lakhs exclusive of the
value of foundation. In 2018, there is a damage to the building to the extent of
Rs. 3,00,000. How much the owner will get compensation from the insurance company?
25,00,000
Compensation = x 3,00,000 = Rs. 2,50,000/-
30,00,000
Exercise 2 :
Question :
Calculations :
15
Depreciation = = 25%
60
160
Answers :
Rs. 73,63,000/-
Exercise 3 :
A standard fire policy is there for 50 lakhs for a factory building 700 Sq.m. of 20 years old.
Replacement rate is Rs 20,000 / sq.m. Fire loss is Rs 10 lakhs.
Questions :
Data :
Calculation :
Answers :
Exercise 4 :
A standard fire policy was taken for Rs. 161 lakhs for a factory building (RCC roof) 1,400
sq.m. of 15 years old. Replacement cost is Rs. 18,000 / sq.m. Fire loss is Rs. 30 lakhs.
Assume life as 60 years. Salvage value : NIL.
Questions :
Data :
Calculation :
Answers :
Exercise 5 :
A standard fire policy with reinstatement clause was taken for Rs. 161 lakhs for a factory
building (RCC roof) 1,400 sq.m of 15 years old. Replacement cost is Rs. 18,000/sq.m. Fire
loss is Rs. 30 lakhs. Assume life as 60 years. Salvage value : Nil. Plinth & foundation : 15%.
Questions :
Data :
Life = 60 Years
Salvage value = Nil
Plinth & foundation = 15%
Special clause = Reinstatement value clause
included
Calculation :
Answers :
2) It is a fire policy and the peril for the loss is fire. Hence there is a policy
excess of Rs. 10,000/-
166
Exercise 6 :
One factory got damaged. The sum insured is Rs. 50,00,000/-. Claim made by the owner -
Rs. 10,00,000/-. The property is 20 years old. Present replacement rate of a similar new
building is Rs. 7,000/- per sq.m. Builtup area - 2,000 sq.ft.
Opinion :
Data :
Solution :
Age = 20 years
Life assumed = 40 years (since it is a factory)
Salvage value = Nil (assumed)
20
Depreciation percentage = x 100 = 50%
40
Depreciation value = 0.5 x 13,01,090
= Rs. 6,50,545/-
Depreciated value = 13,01,090 - 6,50,545
= Rs. 6,50,545/- (2)
167
• (Note : If policy is made only for the super structure only, value of the
superstructure (assuming 15% for foundation) = 0.85 x 6,50,545 =
Rs. 5,52,963/-. Sum payable is Rs. 5,52,963/- (less policy excess)).
Exercise 7 : (IBBI)
Factory building of built-up area 700 sq.m. 20 years old, total life of the building 40 years with
a specification equivalent to the current replacement cost of Rs. 20,000/sq.m. is insured for
Rs. 50,00,000/- in a standard fire policy. There is a partial damage to the building to a total
loss of Rs. 10,00,000/- due to peril. 10% cost of foundation. (Courtesy : Mr. S. Pichaiya)
Questions :
1. What is the amount payable by the insurer to the insure for the loss due to fire?
2. What is the present market worth of the building before fire damage (excluding
foundation)?
Data :
Sum insured = Rs. 50,00,000/-
Area of the building = 700 sq.m.
Age of the building = 20 years
Replacement rate = Rs. 20,000/sq.m.
Fire loss = Rs. 10,00,000/-
Life = 40 years
Calculation :
Answers :
5. Earthquake (5)
Exercise 8 :
RCC roofed building of a 30 years is required to be insured under standard fire policy.
Advise on fair ‘Insurable value’ of the factory building on depreciated cost basis from the
following data. Calculate depreciation by SLM. (Courtesy Mr. R.K. Gandhi)
Solution :
Age = 30 years
Life = 60 years
Salvage = Nil
30
Depreciation percentage = x 100 = 50%
60
Depreciated value = 0.5 x 54,00,000
= Rs. 27,00,000/-
Insurable value = Rs. 27,00,000/-
* * *
171
Exercise 1 :
A factory building was constructed in the year 1985 at the total cost of Rs. 25,50,000/-. Work
out replacement cost of said factory building in year 2011 if Building Cost index in year 1985
and 2011 were 14.16 and 142 respectively with base year 1960 at 1.00.
25,50,000
= x 142
14.16
= Rs. 2,55,72,033/-
Exercise 2 :
A boeing repair shop hanger (Area 10,648 sq.m.) was constructed at Mumbai in year 1999
at the total cost of Rs. 68.00 crores. Find out its replacement cost in year 2011, if cost of
construction of normal residential building was Rs. 8,600/sq.m. in 1999 and Rs.18,300/sq.m.
in year 2011.
68,00,00,000
Present day replacement cost = x 18,300
8,600
= Rs. 1,44,69,76,744
Exercise 3 :
Building cost for the residential building in Delhi, as per 01.01.1992 cost index as 100, was
Rs. 2,810/sq.m. Now if Cost Index of Mumbai in 2005 is 250 as compared to 1992 base
index 100, work out replacement cost for a residential building at Mumbai for the year 2005.
Flat rate for building cost for residential house in Mumbai for the year 2005 as per
CPWD memorandum of 1992 will be :
172
2,810
= x 250
100
= Rs. 7,025/sq.m.
Exercise 4 :
A residential building was built in the year 1978 at an actual cost of Rs. 5,00,000/-. If Building
Cost Index for year 1978 and 1998 were 125 and 1442 respectively, with 01.10.1976 as
base index 100, work out replacement cost of the building for the year 1998.
5,00,000
Replacement cost in 1998 = x 1,442
125
= Rs. 57,68,000/-
Exercise 5 :
An R.C.C. framed building at Delhi, in 01.01.1992 would cost Rs. 2,810/sq.m. If Cost Index of
V.V. Nagar is 139 in 1997, calculate rate of cost of construction for similar R.C.C.
building at V.V. Nagar for the year 1997.
Exercise 6 :
A load bearing residential family house was built in year 1969 at Nagpur. Built-up floor area is
200 sq.m. on ground floor and 100 sq.m./floor on each of 1st and 2nd floor. Total plot area is
1,200 sq.m. Calculate sale value of property as in March 1989 if Building Cost Index of Nagpur
was 394 in 1989 with Delhi base year 01.10.1976 as 100. Building cost for base year was
Rs. 385/sq.m. and plumbing and electrification costs were Rs. 6,000/unit and Rs. 5,700/unit
respectively. Prevalent land rate in 1989 was Rs. 800/sq.m. Building is wholly provided with
marble floor. Marble cost was Rs. 250/sq.m. and mosaic tile cost was Rs. 60/sq.m. in 1989.
Questions :
Data :
Place = Nagpur
Year of construction = 1969
GF area = 200 sq.m.
FF area = 100 sq.m.
SF area = 100 sq.m.
Plot area = 1,200 sq.m.
Cost index in Delhi for base year = 100
01.10.1976
Building cost index for Nagpur = 394
in 1989
Building cost for base year (1976) = Rs. 385/sq.m.
Plumbing cost for base year (1976)= Rs. 6,000/unit
Electrification cost for base year = Rs. 5,700/unit
Flooring cost in 1989 = While marble Rs. 250/sq.m.
Mosaic tile cost in 1989 = Rs. 60/sq.m.
Prevalent land rate in 1989 = Rs. 800/sq.m.
Calculations :
Answers :
* * *
175
Exercise 1 :
Estimate the value of plot 40’ x 150’ by belting method. The prevailing market rate for one
ground plot in the nearby locality is Rs. 600/sq.ft. Standard depth is 60’.
40’
II
90’
400/-
150’
I
60’
600/-
Road
Exercise 2 :
Find out the value of the plot 50’ x 200’ by belting method. The prevailing market rate of the
neighbouring plot 40’ x 60’ located on the main road is Rs. 600/-.
50’
Questions : III 300/- 50’
Data :
Calculations :
Answers :
Exercise 3 : (IBBI)
Value the plot of 150 m x 350 m by belting method. The depth of first belt X is 50 m. The depth
of second belt is 2X. The depth of third belt is 4X.
177
200 m
Rate for II belt = 40% less from I belt
4X
III belt
Rate for III belt = 40% less from II belt
350 m
100 m
2X
2X
II belt
Questions :
I belt
50 m
X
X
150 m
1. What is the value of I belt?
Road
2. What is the value of II belt?
3. What is the value of III belt?
4. What is the total value of the plot 150 m x 350 m?
5. What is the name of the method?
Answers :
Exercise 4 : (IBBI)
In a situation, subject land is located in such a place where, instances of sale of large size
plots in the locality are not available. Small sized road side developed plots are available at
the rate of Rs. 300 per sq.m. Plot is located in developing area of town where demand for
housing site exists. The subject land is not surrounded by agricultural lands. The subject plot
is of sufficiently large size which can be divided into several small size plots. The depth of the
plot is 450 meters considerably more as compared to the road frontage of 150 meters.
Questions :
1. What is value of 1st portion from road side if the plot is considered as 50 metres in
depth in Rs.?
2. What is value of 2nd portion from road side if the plot is considered as 100 metres
in depth and rate considered for 40 per cent lesser than the 1st one in Rs.?
3. What is value of 3rd portion from road side if the plot is considered as rest of the
plot and rate considered for 40 per cent lesser than the 2nd one in Rs.?
5. As Gujarat HC said this method of valuation is arbitrary & artificial, instead of that
which method of valuation is accepted in case of huge plot area to be valued?
Solution :
300 III Portion
50 I Portion
150’
Road
Ans : “a”
179
Ans : “a”
Ans : “a”
* * *
180
Exercise 1 :
1,500 m2 of plot abutting a Highways is proposed to be taken on lease by a firm. Fix the
lease rent of the plot, if yield rate is 6% & land rate is Rs. 4,000/m2.
Solution :
Value of land = 1,500 x 4,000
= Rs. 60,00,000/-
6 1
Lease rent = 60,00,000 x x
100 12
Exercise 2 : (IBBI)
A client wants to purchase a petrol bunk outlet situated on the main road in the center of town.
The main road has traffic of 300 PCU. For the land, the company pays the rent
Rs. 4,00,000/ per annum. Total annual income from sale of petrol and diesel and other items
is Rs. 2,00,00,000/-. Property tax Rs. 50,000/6 months. Staff salary and other out goings are
Rs. 60,000/ per month. Other expenses for running the business is Rs. 1,70,00,000/-. Rate of
capitalisation is 12%.
Question :
Answers :
Given data :
Solution :
100
4.0. Years purchase = = 8.33 (4)
12
6.0. Value
... The amount that can be paid for the = Rs. 2.15 crores (6)
purchase of the bunk
Exercise 3 :
A petrol bunk is situated on the main road. Mr. ‘X’ is the dealer of the bunk and he gets a lease
rent (ground rent) from the petroleum company. Other details are :
(Courtesy : Mr. R.K. Gandhi)
Questions :
1.0. Income
2.0. Expenses
Rate of capitalisation = 12
Years purchase (100 / 12) = 8.33 (2)
* * *
184
Exercise 1 :
A freehold site is rented out for 99 years to a developer at a ground rent of Rs. 1,00,000 per
annum, net of outgoings. It is renewable. The lessee developer has constructed a building
fetching an annual rent of Rs. 5,00,000/-. Value the freeholder ’s interest
assuming an yield of 6%.
Exercise 2 :
Value the freehold interest of a shop which has been let out for a rent of Rs. 1,00,000 (Net)
per month. The rent is renewable. Yield is 5%.
Exercise 3 :
An industrial corporation has decided to lease 40,000 sq.ft. plot for an user for 60 years
period. The land rate is 2,000 per sq.ft. Assuming an yield of 6%, what will be the monthly
lease?
Exercise 4 :
A private trust had leased 10,000 sq.ft. plot for 99 years lease which can be renewed for
further period. Fix lease rent if the land rate is Rs. 1,500/sq.ft. Assume lease rent as 8%.
Exercise 5 :
A lessor leased his 3,000 sq.ft. of land to a lessee for 99 years on a monthly rent of
Rs. 1,000 per month. Lease is renewable.
In this land, the lessee has constructed a residential building and rented out on a total rent of
Rs. 5,500 / month. All outgoings are 40% of rental income excluding ground rent.
Questions :
Data :
Calculations :
Lessor :
Monthly rent = Rs. 1,000
Yearly rent = 1,000 x 12 = Rs. 12,000
Type of lease = Perpetual. can be treated as free
hold
Rate of return / yield = 7%
100
Value of lessor’s right = 12,000 x
7
= Rs. 1,71,428/- (1)
Lessee :
Monthly rent = Rs. 5,500
Yearly rent = 5,500 x 12 = Rs. 66,000
Less outgoings 40% = (-) Rs. 26,400
Less ground rent 1,000 x 12 = (-) Rs. 12,000
Net annual income = Rs. 27,600
Rate of return = 8%
100
Value of lessee’s interest = 27,600 x
8
= Rs. 3,45,000/- (2)
Answers :
Exercise 6 : (IBBI)
Questions :
2. What is the market value of the property in 2018 if land was not of leasehold tenure
and it was a free hold land? Salvage value - 10%.
Data :
Opinion :
1. Lessor’s interest :
.
. . The answer is ‘a’.
189
(i) Land :
(ii) Building :
(Note : The options given in the question is not tallying with this answer).
Total value :
Land = Rs. 34,00,000
Depreciated value of building = Rs. 2,75,00,000/-
= Rs. 3,09,00,000/-
(Note : The options given in the question is not tallying with this answer).
20
= 2,000 x 25,000 x ( x 90)
40
= 0.45 x 5,00,00,000
= Rs. 2,25,00,000/-
.
. . The answer is ‘b’.
5. Lessor’s interest in the property is right to receive 50% unearned increase in land
value only.
.
. . The answer is ‘a’.
.
. . The answer is ‘d’.
Exercise 7 :
A government M.I.D.C. gives 8,000 sq.m. of land on 99 years lease @ 1/- P.A. lease rent and
charged one time premium of Rs. 450 / sq.m. in the year 1998. The lessee in the year 1998
constructed an industrial shed 4,000 sq.m. of BU area with his own expenditure. The age of
the shed is 20 years as on year 2018 and total life of the shed is 40 years. The land rate is
Rs. 2,000 / sq.m. and replacement cost is Rs. 25,000 / sq.m. Lease provides that the lessor
is entitled to charge 50% unearned increase in land value as transfer / assignment charges in
case of sale / transfer of the property. Calculate the following :
191
Data :
Opinion :
1. Lessor’s interest :
(i) Land :
(ii) Building :
Total value :
Exercise 8 : (IBBI)
A warehouse property is situated close to a port facility in a major port twn. It is let out on a
50 years lease. The lessee is paying to the lessor an exclusive ground rent @ INR 2,000
per annum, after payment of an one time premium of INR 25,00,000. The rack rental value
on full repairing terms amounts to INR 1,20,000 per annum. The yield from freehold ware
houses in similar locations is considered to be 10% and for long term lease is 15%.
(Valuation of Real property : Page no. 69 - Mr. Symales Datta)
Questions :
Calculation :
Data :
Lease = 50 years
Ground rent to lessor = Rs. 2000/- per annum
Premium paid to lessor = Rs. 25,00,000/-
Rack Rent on full repairing terms = Rs. 1,20,000/- per annum
Yield for freehold ware houses = 10%
Yield for long term lease = 15%
194
Answers :
The outgoing for lessor is nil on the assumption that the lease is on full repairing
terms, however this is not specifically mentioned in the question. But could be
inferred as such, as the rack rent mentioned is on full repairing terms.
2. What is the net income for the lessor during the term period?
* * *
195
Exercise 1 :
A hotel has 100 rooms. Room rent is Rs. 1,500/day. Occupancy ratio is 65%. Income from
restaurant is Rs. 200 lakhs/year. Conference hall rental income is Rs. 150 lakhs/year.
Corpoartion tax, Electricity, insurance and other expenses are Rs. 200 lakhs. Staff salary Rs.
125 lakhs. Food & beverage expenses are Rs. 150 lakhs. Miscellaneous expenses Rs. 50
lakhs. Ascertain the value of the hotel by profit method assuming an yield as 10%.
1. Gross income :
a. From Rooms
2. Expenses :
3. Net income :
4. Value :
= Rs. 18,08,75,000/-
Exercise 2 :
It is a marriage hall in a town. The daily rental charge is Rs. 25,000/-. The number of booking
per year is 50 percent. Expenses are : Property tax - Rs. 25,000/half year, Staff salary - Rs.
40,000/month, Yearly Insurance - Rs. 35,000/-, Repairs & Maintenance - Rs. 15,000/month,
Electricity - Rs. 50,000/month, Miscellaneous expenses - Rs. 25,000/month, Management
expenses : Rs. 1,00,000/month.
1. Gross income :
2. Expenses :
3. Net income :
4. Value :
= Rs. 1,43,12,500/-
* * *
198
Exercise 1 :
In a plot of 2,400 sq.ft., Mr. X has proposed to construct a building of 1,200 sq.ft. He has
obtained loan. Basement completed (25%). Land rate is Rs. 1,000/sq.ft. The unit
construction cost is Rs. 1,800/-. Determine the stage value of the property for primary secu-
rity purpose to bank.
Exercise 2 :
The plot area is 3,000 sq.ft. The land rate is Rs. 1,500/sq.ft. The owner wishes to
construct a building of 3 floors of 1,200 sq.ft. each. The average unit rate of construction is
Rs. 1,600/-. The total estimated amount is Rs. 57.60 lakhs and the bank has sanctioned a
loan of 43.20 lakhs. The owner has completed 40% of the civil works. In order to pay the first
installment of loan, the bank directs the valuer to certify the stage cost of the building alone.
Number of floors = 3
Built up area of each floor = 1,200 sq.ft.
Total built up area 3 x 1,200 = 3,600 sq.ft.
Unit rate of construction = Rs. 1,600/-
Total value of completion = 3,600 x 1,600
= Rs. 57,60,000/-
Stage precentage completed = 40%
Stage value = 0.4 x 57,60,000
= Rs. 23,04,000/-
Exercise 3 :
In the year April 2018, Mr. X has purchased plot of 2,400 sq.ft. for Rs. 24,00,000. In the same
year (April to December) he has constructed a residential building for Rs. 18,00,000. He
wants to sell. He quoted (Jan 2019) Rs. 48,00,000/-. The borrower approached the bank and
the bank directed its panel valuer to inspect the site and give a report. The valuer certified as
Rs. 45,00,000/-as on February 2019.
199
Now,
Answers :
* * *
200
Exercise 1 :
Mr. ‘X’ is owning a vacant site of 8,000 sq.ft. near the bus stand. He wants to let out. The
prevailing unit market rate is Rs. 1,000 and the guideline rate is Rs. 1,500/sq.ft. Mr. Y
wants this site for parking vehicles. Mr. Z also wants this site and wishes to construct a
shed. Assume rate of return of 4% for secured ground rent and 5% for unsecured ground rent.
Questions :
Data :
Calculations :
For Y & Z :
For Y :
For Z :
Answers :
* * *
202
Exercise 1 :
The monthly rent (Net) of a shop of 540 sq.ft. is Rs. 12,000/-. Calculate the approximate value
by rent capitalisation method by adopting a rate of return as 5%.
Exercise 2 :
The net monthly rent of a residential building of 1,250 sq.ft. is Rs. 16,500/-. Find the approxi-
mate value of the property by rent capitalisation method by adopting a rate of return as 3%.
Exercise 3 :
A new shop was purchased for Rs. 10,00,000 which was rented out for Rs. 5,000 per month.
What is the yield?
Exercise 4 : (IBBI)
A fully developed building in a plot has a total of 4 floors. Total plot area is 1,000 sq.m. and
total builtup for area of the building is 250 sq.m / per floor. Permissible FSI is 1.00. There are
4 tenants per floor and tenants of lower 2 floors pay a rent of
Rs. 750 / month / tenement. which includes property tax. Top 2 floors are occupied by the
owners of the property itself. Total property taxes are Rs. 25,000 / 6 months for 4 floors.
Tenant’s rent includes 50% of total tax, Non - agricultural (N.A.) tax of the plot is Rs. 800 / year
and building insurance premium is Rs. 1,000 / year.
Assume repair cost at 6% of the gross rent and collection & management charges at 3% of
the gross rent. Stamp duty paid at the time of purchase is Rs. 9,000/-. The land is of freehold
tenure. Prevalent land rate of freehold land in the locality at present is Rs. 8,000/sq.m. The
rate of ownership flats in the locality for similar construction as on today is
Rs. 30,000/sq.m.
Questions :
1. What will be the total annual rent receivable by the landlord from all the tenants?
2. What will be the total outgoings including repairs allowance & collection charges
for the tenanted portion of the building?
3. What will be the present market value of the tenanted portion of the building if
rental income is assumed to be in perpetuity & rate of capitalisation is adopted
@ 8%
4. What will be the present market value of the owner occupied portion of the
building?
204
5. Which of the following is not considered as outgoing for computing net rent
received by the landlord?
Data :
Opinion :
2. Outgoings :
3. Capitalisation amount :
FSI = 1
Area of the flat 2 x 250 = 500 sq.m.
Unit rate of flat = Rs. 30,000/sq.m.
Value 500 x 30,000 = Rs. 1,50,00,000/-
5. While computing net rent received by the landlord, Stamp duty is not to be
considered.
.
. . The answer is “c”.
.
. . The answer is “c”.
206
Exercise 5 : (IBBI)
An apartment carries 4 floors built on a plot of area 1,000 sq.m. Each floor area is
250 sq.m. The GF & FF have been rented and SF & TF is in possession of the owner. Each
floor carries 4 tenements, and tenants pay @ Rs. 750 / tenement as rent. The property tax
being paid is @ Rs. 25,000 / six month. Rs. 900 / year is non agri - tax. 6% per annum
towards management cost. Rs. 9,000/- stamp duty cost. 3% towards rent collection
charge. Cost of land is Rs. 2,000 / sqm and cost of construction is Rs. 25,000 / sqm, FSI is 1.
Calculate the following :
Opinion :
2. Outgoings :
Note : (It is assumed that the tenents are bearing 50% of the property tax, N.A.
tax). It is the practice in Maharashtra.
207
FSI = 1
Area of the flat 2 x 250 (SF & TF) = 500 sq.m.
Unit rate of flat = Rs. 25,000/sq.m.
Value - 500 x 25,000 = Rs. 1,25,00,000/-
6. Capitalisation amount :
* * *
208
Exercise 1 :
Plot area = 3,000 sq.ft. Building area = 2,400 sq.ft. The age of the building = 20 years (Life
can be assumed as 60 years & salvage value as 10%). Replacement cost including services
is Rs. 1,800/sq.ft. This property was sold for Rs. 60,24,000. Calculate the land rate by
residual technique.
Exercise 2 :
In a plot of 4,000 sq.ft., a flat promoter constructed 8 flats of 1,000 sq.ft. each. Building rate
including all services is Rs. 2,500/sq.ft. He sold one flat for Rs. 66,00,000/-. Assuming his
profit margin as 20%, calculate the land rate by residual technique.
FSI = 2
* * *
210
Exercise 1 :
On 07.12.1989, a property was acquired by Mr. X for 8.08 lakhs. In June 1992,
improvements were made for 12.06 lakhs. On 10.12.2014, the property was sold to
1.93 crores. (172, 223, 1024 are the cost inflation index for 1989 - 90, 1992 - 93, 2014 - 15
respectively).
Questions :
Calculations :
Answers :
Exercise 2 :
On 09.01.1990, a property was acquired by Mr. X for 9.49 lakhs. In August 1992,
improvements were made for 14.76 lakhs. On 17.12.2014, the property was sold to
1.97 crores. 172, 223, 1024 are the cost inflation index for 1989 - 90, 1992 - 93, 2014 - 15
respectively.
Questions :
Calculations :
1,024
Indexed cost of acquisition = 9,49,000 x
172
= Rs. 56,49,860/- (1)
Answers :
Exercise 3 :
On 10.10.1982, Mr. X acquired a property consisting of 3,000 sq.ft. of plot and 4,500 sq.ft. of
building in Chennai for a cost of Rs. 10,00,000/-. On 06.02.2017, he sold his property for a
sale consideration of Rs. 2,00,00,000/-. 109 & 1125 are the cost inflation index for 1982 - 83
& 2016 - 17 respectively.
Questions :
Calculations:
10,00,000
1) Indexed cost of acquisition = x 1,125
109
= Rs. 1,03,21,100/- (1)
Answers :
Exercise 4 :
Mr. ‘X’ acquired a property in June 1990 for 12.05 lakhs. On 10.12.2014, this property was
sold for a sale consideration of 85.14 lakhs. 182, 1024 are the cost inflation index for
1990 - 91 & 2014 - 15.
Questions :
Calculations :
Answers :
Exercise 5 :
An individual owned property was originally acquired in 01.10.1972 for 1.02 lakhs. The fair
market value of the property as on 01.04.1981 is 5.25 lakhs. On 10.12.2014, this property
was sold for a sale consideration of 75.05 lakhs. 100, 1024 are the cost inflation index for
1981 - 82 & 2014 - 15.
Questions :
Calculations :
Answers :
Exercise 6 :
On 12.12.2010, a property was acquired by Mr. Y for 75.28 lakhs. On 10.12.2014, the same
215
was sold for 1.03 crores. 711, 1024 are the cost inflation index for 2010 - 11
& 2014 - 15.
Questions :
Calculations :
Answers :
Exercise 7 : (IBBI)
A flat was purchased in 1981 for Rs. 2,40,000/-. As a gift from his uncle, the assessee re-
ceived this flat having an area of 80 sq.m. in June 2001.The assessee has made
improvements in the flat in August 2005 at a cost of Rs. 15,00,000/-. He sold this flat in 2018
for Rs. 2,40,00,000/-. Society transfer charges was Rs. 50,000/- and the brokerage charges
were Rs. 1,00,000/-. Prevailing rate of flat as on 2001 is Rs. 40,000/m2.
Cost inflation index as on 2001 is 100. Cost inflation index on 2005 is 117 and cost
inflation index on 2018 is 272.
216
Questions :
Solution :
. 15,00,000
. . Indexed cost of improvements in 2018 = x 272
117
. 32,00,000
. . Indexed cost of Acquisition = x 272
100
4. Deductions :
Exercise 8 : (IBBI)
Gift from the year 2000 a flat of carpet area of 80 sq.m. purchased by his uncle in 1981 for a
price of Rs. 2,40,000/-. Flat was transferred in the name of A in the year June 2001.
In 2005, he carried out substantial improvement works inside the flat by spending a total sum
of Rs. 15,00,000/-. (Courtesy : Mr. S. Pichaiya)
218
Flat was sold by A in the month of February 2018 for a total price of Rs. 2,40,00,000/-. Prevailing
rate of similar ownership flats in the locality in April 2001 was Rs. 40,000/sq.m.
Questions :
Ans : (a)
Ans : (a)
3. What will be the indexed cost of flat sold in 2018 for the purpose of calculating gain
tax by the assessee A if cost of inflation index for the financial year 2017 / 2018 is
272 for the years 2001 / 2002 it was 100
Ans : (b)
4. What will be the indexed cost of improvement works carried out in the flat for cost
inflation index for the year 2005 / 2006 was 117 and 2018 is 272
219
Ans : (a)
5. What will be the deduction permissible to the assessee while computing capital
gain from the sale price of flat under capital gain tax provision if assessee has
spent Rs. 1,20,000/- for the brokerage charges and Rs. 25,000/- paid to the society
for transfer charges
Ans : (b)
6. What was the total capital gain tax 20% rate if assessee has not invested sales
proceeds anywhere
Ans : (c)
Exercise 9 :
On 04.01.2005, a property was acquired by Mr. X for 8.08 lakhs. In June 2010,
improvements were made for 12.06 lakhs. On 28.08.2018, the property was sold to
83 lakhs. (113, 167, 280 are the cost inflation index for 2004 - 05, 2010 - 11, 2018 - 19
respectively).
220
Questions :
Calculations :
Answers :
Exercise 10 :
On 11.06.2004, a property was acquired by Mr. X for 9.49 lakhs. In August 2012,
improvements were made for 14.76 lakhs. On 01.04.2017, the property was sold to
67 lakhs. 113, 200, 272 are the cost inflation index for 2004 - 05, 2012 - 13, 2017 - 18
respectively.
Questions :
Calculations :
Answers :
Exercise 11 :
On 10.10.1982, Mr. X acquired a property consisting of 3,000 sq.ft. of plot and 4,500 sq.ft. of
building in Chennai for a cost of Rs. 10,00,000/-. On 31.03.2017, he sold his property for a
sale consideration of Rs. 2,00,00,000/-. 109 & 1125 are the cost inflation index for 1982 - 83
& 2016 - 17 respectively.
Questions :
Calculations:
10,00,000
1) Indexed cost of acquisition = x 1,125
109
= Rs. 1,03,21,100/- (1)
Answers :
Exercise 12 :
An individual owned property was originally acquired in 01.10.1972 for Rs. 45,000/-. The fair
market value of the property as on 01.04.2001 is 5.25 lakhs. On 01.04.2017, this property
was sold for a sale consideration of Rs. 25,05,000/-. 100, 272 are the cost
inflation index for 2001 - 02 & 2017 - 18.
Questions :
Calculations :
Answers :
* * *
224
Exercise 1 :
i) In a plot of 3,000 sq.ft., 3 flats of same built up area 1,500 sq.ft each are
constructed. What is the Undivided share (UDS) of land for each flat?
ii) If 3 flats of 1,500, 800, 700 are constructed in the plot of 3,000 sq.ft., what is the
UDS of land for 1,500 sq.ft. of flat?
Exercise 2 :
Land rate = Rs. 5,500 / sq.ft. FSI is 2. Building unit rate is Rs. 2,000/sq.ft. Assuming the
promoter’s profit as 20%, what is the composite rate?
Exercise 3 :
In an apartment building, the sum of the plinth area of all the flats is 5,000 sq.ft. Common
225
area is 500 sq.ft. The super plinth area is 5,500 sq.ft. What is percentage of common area in
the apartment building?
500
Percentage of common area = x 100 = 10%
5,000
Exercise 4 :
An apartment building consists of 12 flats of super built up area 1,050 sq.ft. The net monthly
rent of a flat is Rs. 9,000. The prevailing rate of return is 2.5%. Find the
approximate value of one flat by rent capitalisation method.
Exercise 5 :
In a plot of 3,600 sq.ft., an apartment building of GF + 2 is existing. 3 flats of 600, 800, 1000
are existing in one floor. What is the UDS of land for i) flat 600 sq.ft & ii) flat
1,000 sq.ft.?
Exercise 6 :
In a plot of 8,608 sq.ft., the landlord Mr. ‘X’ intends to construct an apartment through joint
venture for a total built up area of 17,216 sq.ft. There will be 16 flats of super built up area of
1,076 sq.ft. The prevailing market rate for plot is Rs. 10,000 per sq.ft. and the guideline rate
226
is Rs. 20,000 per sq.ft. The building construction rate is Rs. 2,500/-. Assume the promoter’s
profit as 20%.
Questions :
1. What is FSI?
2. What is the undivided share (UDS) for each flat?
3. What is the composite rate?
4. What is the selling price of each flat?
5. What is Joint venture Ratio? (Promoter : Landlord)
6. Whether there is any impact of Guideline rate while fixing the composite rate and
joint venture ratio?
Data :
Calcluations :
6. Guideline rate is meant for fixing stamp duty only and hence plays no role
while fixing the composite rate and joint venture ratio. (6)
Answers :
1) 2 4) Rs. 96,84,000/-
2) 538 sq.ft. 5) 33 : 67
3) Rs. 9,000/sq.ft. 6) Guideline rate plays no role while
fixing the composite rate and joint
venture ratio
Exercise 7 :
In a plot of 8,000 sq.ft., the promoter has constructed an apartment building of super built up
area 20,000 sq.ft. It consists of 16 flats of super plinth area 1,000 sq.ft. and 8 flats of super
plinth area of 500 sq.ft. The market rate of plot is Rs. 6,000/sq.ft. and the guideline rate is Rs.
7,500/sq.ft. The building rate is Rs. 2,500/sq.ft. The promoter’s profit is 15%.
Questions :
1. What is FSI?
2. What is UDS for 1,000 sq.ft. of flat?
3. What is UDS for 500 sq.ft. of flat?
4. What is the composite rate for the flat?
5. Assuming a common area of 4,000 sq.ft., what is the common area percentage?
6. What is the joint venture ratio?
228
Data :
Calculations :
1,000
2. UDS for 1,000 sq.ft. of flat = = 400 sq.ft. (2)
2.5
500
3. UDS for 500 sq.ft. of flat = = 200 sq.ft. (3)
2.5
Answers :
Exercise 8 :
It is an apartment building with GF + 2 floors. Mr. ‘X’ has booked a flat (1,320 sq.ft.). UDS
(Undivided share) of land is 660 sq.ft. The composite rate is Rs. 6,000/sq.ft. The land rate is
Rs. 5,000/sq.ft. Sale deed for UDS of land has been executed (Rs. 33,00,000/-) and the
builder’s agreement has been signed. Total value of the flat on completion is
1,320 x 6,000 = Rs.79,20,000/-. Mr. X has applied loan from a bank. The bank directs the
valuer to certify the value in stages (break up for Rs. 77,20,000 : Land UDS (660) =
Rs. 33,00,000/- and Building (1,320) = Rs. 46,20,000/-).
Questions :
2) Mr. X has booked a flat (1,320 sq.ft.) in first floor. Basement completed (18%). UDS
sale deed executed. What is the stage value?
3) Mr. X has booked a flat in first floor (1,320 sq.ft.). Frame works of all floors
completed. RCC roof for all the floors has been cast. For the concerned flat in FF,
brick work has been completed, doors & windows frames have been fixed, inside
plastering of walls and ceiling finish have been completed. Percentage of works
completed is 75%. What is the stage value?
4) Construction is fully completed in all respects. Flat is fit for use. What is the value to
be certified?
230
5) Mr. Y has booked a flat in 3rd floor. RCC columns have been raised upto second
floor. What is the stage value?
6) What is the cost to be certified on completion for the purpose of income tax?
Data :
Number of floors = 3
UDS = 660 sq.ft.
Composite rate = Rs. 6,000/sq.ft.
Land rate = Rs. 5,000/sq.ft.
Sale deed for 660 sq.ft. of UDS = Rs. 33,00,000/-
Value of flat on completion = Rs. 79,20,000/-
Calculations :
Answers :
Exercise 9 :
It is a joint venture proposal. The landlord is having a plot of 8,250 sq.ft. and he wishes to
construct an apartment for an FSI of 2. The land rate is Rs. 5,000/sq.ft. A promoter has
approached the landlord for developing an apartment for which the unit rate of
construction is Rs. 2,500/-.
Questions:
Data :
Calculations :
2,500
Promoter’s share = x 100 = 50% (1)
5,000
2,500
Landlord’s share = x 100 = 50% (2)
5,000
232
Answers :
1) 50% 2) 50%
Exercise 10 :
An apartment building consisting of 70 flats of equal super built up area of 1,000 sq.ft. each is
proposed to be constructed on a land of 35,000 sq.ft. 10% of the area of land has to be left as
OSR (Open Space Reservation) and separate deed has to be executed in favour of the
corporation.
Question :
Data :
Calculations :
Answer :
1. 450 sq.ft.
233
Exercise 11 :
Mr. ‘X’ is having a commercial building of 20,000 sq.ft. situated in a plot of 10,000 sq.ft. He
wants to sell one shop of plinth area 1,000 sq.ft. to Mr. ‘Y’. He approaches a valuer to suggest
him the UDS of land of the shop for the purpose of executing a sale deed in favour of ‘Y’. The
common area percentage is 10%.
Question :
Data :
Calculations :
Answer :
1. 550 sq.ft.
Exercise 12 :
Question :
Data :
Calculations :
= Rs. 5,000
Answer :
1. Rs. 10,000/-
Exercise 13 :
A landlord has a plot of 15,000 sq.ft. A promoter has approached the landlord for a joint
venture stating that he wishes to construct an apartment building for 30,000 sq.ft. The prevail-
ing market rate of land is Rs. 14,000/sq.ft. and the guideline rate is
Rs. 24,000/sq.ft. The construction cost is Rs. 3,000/sq.ft.
235
Question :
Data :
Calculations :
Answer :
1. 30 : 70
* * *
236
Exercise 1 :
What is the amount of Rs. 5,000 at the end of 5 years @ 5% compound interest per annum?
r n
Amount A = P (1+ )
100
5 5
= 5,000 ( 1 + )
100
= 5,000 x (1.05)5
= 5,000 x 1.276
= Rs. 6,380/-
Exercise 2 :
In 2013, a valuer valued a residential property in a mofusil town for Rs. 68.56 lakhs. Assuming
an annual escalation of 10% per year, what will be the value of the property as on 2018 by
applying the formula?
r n
Amount A = P (1+ )
100
10 5
= 68.56 ( 1 + )
100
= 68.56 x (1.1)5
= 68.56 x 1.6105
= Rs. 110.42 lakhs
Exercise 3 :
Mr. X is selling 2,400 sq.ft. of plot to Mr. Y for a mutually agreed amount of Rs. 24,00,000. But
in sale deed, they mention as Rs. 12,00,000/-. Guideline rate is Rs. 510/-. What is the
intrinsic value?, What is the agreement value? & What is stamp duty value?
* * *
237
Part - IV
Exercise 1 : (IBBI)
A machine was purchased for Rs. 1,00,000/- @ 15% depreciation of SLM. What is the writ-
ten down value after 2 years?
Ans ‘a’
Exercise 2 : (IBBI)
A property has a net income of Rs. 30,000/-. One appraiser decides to use a 12 percent
capitalisation rate, while a second appraiser uses a 10 percent rate. What is the
difference in appraisal value of the two valuers?
First appraiser :
100
Capitalised value = 30,000 x = Rs. 2,50,000/-
12
Second appraiser :
100
Capitalised value = 30,000 x = Rs. 3,00,000/-
10
Ans ‘a’
Exercise 3 : (IBBI)
The net income was reported at Rs. 21,000/- and the property was sold for Rs. 3,00,000.
What capitalisation rate is applied to this sale?
a) 5% b) 8%
c) 6% d) 7%
Ans ‘d’
Exercise 4 : (IBBI)
A mobile phone was purchased for Rs.50,000/-. Its salvage value is Rs. 10,000. Total life
time used 60,000 hours. Used time 20,000 hours. What is the depreciation of the cell phone?
241
Ans ‘c’
Exercise 5 :
A Contractor took a loan of Rs. 36,00,000/- from a bank for construction of modern building 2
years back. He has to repay the loan at the Interest of 10%. If the sale of the property is yet to
take one year, calculate the amount to be paid by the contractor?
Ans ‘d’
Exercise 6 :
A promoter purchased a residential property for Rs. 60,00,000/- and immediately carried out
certain interior decorations works for Rs. 20,00,000/-.
242
He intends to dispose of the property at the end of 4 years. Calculate the cost for Purchaser
if he expects a return of 12% on his investment.
Ans ‘a’
Exercise 7 :
An Investor has the right to receive Rs. 25,00,000/- from a property after a period of
9 years. Assuming the rate of interest of 8% Find out the amount for which the investor will be
ready to relieve his future right over the property.
Ans ‘b’
243
Exercise 8 :
A property owner is able to save Rs 50,000/-per year from the net income of his property and
he invest this amount each year to earn interest at 7%. Find out the amount which will be
available at the end of 18 years.
Ans ‘c’
Exercise 9 :
A Promoter at Chennai constructed 4 flats of 1700, 1400, 1300, 1600 Sq.ft. in a plot area of
4000 Sq.ft.
Exercise 10 :
A Real estate promoter has approached the landlord for joint venture development of an
apartment for which the unit rate of construction is Rs. 3000. The land rate is
Rs. 6000/Sq.ft. FSI = 2, What will be the joint venture ratio of promoter & Landlord?
a) 35 : 65 b) 40 : 60 c) 50 : 50 d) 37 : 67
FSI = 2
Land rate = Rs. 6,000/sq.ft.
Land component (6,000/2) = Rs. 3,000
Building rate = Rs. 3,000
Land + Building = Rs. 6,000/sq.ft.
3,000
Landlord’s share = x 100
6,000
= 50%
Ans ‘c’
Exercise 11 :
Mr. ‘X’ acquired a property at Coimbatore on 06.09.1972 for 2.25 lakhs. Fair market value of
the property as on 1.4.81 is 9.50 lakhs. The property was sold on 25.11.2014 for a sale
consideration of 105 lakhs. What is the Taxable capital gain? C.I.I. for 1981 & 2014 are 100
& 1,024 respectively.
1,024
Indexed cost of acquisition= 9,50,000 x
100
245
= Rs. 97,28,000/-
Ans ‘c’
Exercise 12 :
a) 5.82 L b) 7.82 L
c) 8.50 L d) Capital Loss
1,024
Indexed cost of acquisition = 95,00,000 x
711
= Rs. 1,36,82,000/-
Taxable capital gain = 1,30,00,000 - 1,36,82,000
= Negative
= Capital loss
Ans ‘d’
Exercise 13 :
Ans ‘c’
Exercise 14 :
A 600 sq.ft. of shop building at T. Nagar Chennai is occupied by a tenant. The net monthly rent
is Rs. 45,000/-. Find out the value of the property by R.C.Method by adopting a rate of return
6%
a) 85,00,000/- b) 95,00,000/-
c) 90,00,000/- d) 80,00,000/-
Ans ‘c’
Exercise 15 :
Total extent of a site is 0.162 Hectare. Total built-up area of the building is 26,136 sq.ft. What
is the FSI?
Ans ‘b’
247
Exercise 16 :
An apartment building at Tiruchirappalli consists of 4-floor, eight flat of 1125 Sq.ft. at each
floor. Area of the site = 2230 Sq.m. What is the UDS of land for each flat?
4 x 8 x 1,125
FSI =
2,230 x 10.76
= 1.50
1,125
UDS =
1.5
= 750 sq.ft.
Ans ‘d’
Exercise 17 :
A Contractor took a loan Rs 40,00,000/-from the bank, at the rate of Interest 9%. What is the
amount to be paid by the contractor at the end of 4th year?
Ans ‘b’
Exercise 18 :
An immovable property yields a net annual income of Rs 60,000. The income is expected
to continue for next 99 years. What is the present value of the property if the rate of interest
is 6% p.a?
248
a) Rs 8,00,000 b) Rs 10,00,000
c) Rs 12,00,000 d) Rs 15,00,000
Ans ‘b’
Exercise 19 :
a) 11,95,000 b) 13,95,000
c) 12,50,000 d) 12,95,000
i = 0.09
n = 3
So, the amount to which his loan is accumulated
= 10,00,000 x (1 + i)n
= 10,00,000 x (1 + 0.09)3
= 10,00,000 x 1.295
= Rs. 12,95,000/-
Ans ‘d’
Exercise 20 :
5 Years back Mr.Sanjay had constructed a house at an intrinsic cost of Rs 80,00,000/- and he
has incurred an expenditure 2 years back of Rs 15,00,000/- for construction of a boundary
wall around that house. What is the total accumulated cost of his investment today at a
compound interest of 15% per annum?
a) 160.75 L b) 180.75 L
c) 190.75 L d) 165.90 L
249
i = 0.15
n = 5
Accumulated cost of his house = 80,00,000 x (1.15)5
= Rs. 1,60,91,000 (A)
Ans ‘b’
Exercise 21 :
A framed structure building is at Coimbatore. Age is 16 years. Assume the life is 70 years.
What is the depreciation by constant percentage method, if the depreciation is 1.5%
a) 29.5% b) 31.5%
c) 24.5% d) 21.5%
r = 1.5%
n = 16
r n
Depreciation = 1 - (1 - )
100
1.5 16
= 1 - (1 - )
100
= 1 - (0.785)
= 0.215 or
= 21.5%
Ans ‘d’
Exercise 22 :
A promoter at Chennai expects 15% profit. Building unit rate = Rs 2,500/Sq.ft. FSI is 2. Land
rate is Rs 6,000/Sq.ft. What will be the composite rate?
FSI = 2
Prevailing land rate = Rs. 6,000/sq.ft.
Land component = 6,000 / 2 = Rs. 3,000/-
Building rate = Rs. 2,500/sq.ft.
Land + Building = Rs. 5,500/sq.ft.
Add, profit 15% = Rs. 825/sq.ft.
Composite unit rate = Rs. 6,325/sq.ft.
Ans ‘a’
Exercise 23 :
It is a load bearing residential building at Chennai. Ground floor : 20 years old, First Floor : 10
years old, Plinth area of Ground floor : 1,000 sq.ft. First floor = 800 sq.ft. Assume salvage
value is 10% Life of the building is 60 years. What is the depreciated value of the first floor
building? Replacement cost of ground floor : 2,000/sq.ft. & first floor : 1,700/sq.ft.
a) 8.52 L b) 9.52 L
c) 4.08 L d) 13.60 L
20
Ground floor depreciation = x (100 - 10)
60
= 30%
Replacement value of first floor = 800 x 1,700
building
= Rs. 13,60,000/-
Depreciation value of FF = 13,60,000 x 0.30
= Rs. 4,08,000/-
Depreciated value of the first floor = 13,60,000 - 4,08,000
building
= Rs. 9,52,000/-
Ans ‘b‘
Exercise 24 :
A newly constructed apartment building at Chennai having block “A” & block “B”, consists of
30 flats in each block of 1200Sq .ft. equal super Built-up area of each flat. Area of the land :
48,000 sq.ft. Assume 10% land of OSR (Open space reserve). What is the UDS of the each
flat?
251
Ans ‘c’
Exercise 25 :
Ans ‘a’
Exercise 26 :
An apartment building at Chennai, consists of 4 floors, each floor built-up area is 2,400 sq.ft.
Area of the plot is 4,800 sq.ft. What is the plot coverage?
252
a) 60% b) 70%
c) 50% d) 40%
Built up area of GF
Plot coverage = x 100
Area of the site
2,400
= x 100
4,800
= 50%
Ans ‘c’
Exercise 27 :
The net monthly rent of a Ground floor residential building of 1300 Sq.ft. is Rs. 18,000, and Rs
15,000 for First floor building of same area. Find the approximate value of the property by
rent capitalization method by adopting a rate of return as 4%?
a) 89 L b) 79 L
c) 69 L d) 99 L
Ans ‘d’
Exercise 28 :
An apartment building consists of 8 flats of super built-up area : 1,200 sq.ft. The gross monthly
rent of each flat is Rs. 9,000. Outgoing are 15% of the gross rent. The prevailing rate of return
is 3.5%. Find the approximate value of a flat by rent capitalization method?
a) 219.8 L b) 229.8 L
c) 209.8 L d) 240 L
Ans ‘c’
Exercise 29 :
A 9,000 sq.ft. of factory building at Tiruchirappalli is situated in the 2 Acres of land. Age of the
building is 15 years. Salvage value 25%. Replacement rate of building is Rs. 900/sq.ft. Find
the salvage value & depreciated value of the building? Life - 30 years.
Exercise 30 :
A Commercial property at Chennai was valued by a valuer for Rs 95L during the year 2009.
What will be the value of the property as on 2017 by using the formula? Assume 12% escalation
per year.
254
a) 235 L b) 245 L
c) 225 L d) 200 L
r n
Amount = P(1+ )
100
12 8
= 95,00,000 ( 1 + )
100
= 95,00,000 (2.4759)
= Rs. 2,35,00,000/-
Ans ‘a’
Exercise 31 :
Mr. “Y” constructed a load bearing building of 232 sq.mt during the year 1999. Area of the plot
is 5,000 sq.ft. What is the depreciation value & value of the property in the year 2018 for bank
loan purpose? Assume life : 60 years, Salvage value : 10%. Land rate -
Rs. 2,300/-. Replacement rate of building is Rs. 2,000/sq.ft.
i) Ans ‘a’
ii) Ans ‘b’
Exercise 32 :
An investor purchased a plot of land for Rs 6L, and spent Rs 75,000/- towards stamp duty
and brokerage charges. He started construction of house on plot after 3 years. Calculate the
amount that is blocked up in land investment after 3 years on the basis of purchase price of
land and other expenses by considering 7% compound rate of interest?
a) 9.27 L b) 7.27 L
c) 8.27 L d) 9.10 L
Ans ‘c’
Exercise 33 :
A residential building at Chennai yields a net rental income (Annuity) of 2.4L/year. What is the
capitalised value of the property at 7% rate of interest?
a) 39.29 L b) 34.29 L
c) 43.29 L d) 31.29 L
Y.P. = 100 / R
256
= 100 / 7 = 14.286
Present value of the building = 2,40,000 x 14.286
= Rs. 34,28,640/-
say Rs. 34,29,000/-
Ans ‘b’
Exercise 34 :
Ground floor is a load bearing structure of age 30 years. Life - 60 years. First floor is a framed
structure with independent foundation. Age is 10 years. Life is 80 years. What is the depreciation
for FF, assuming a salvage value of 10%.
a) 11.25% b) 45%
c) 33.75% d) 30%
Ground floor :
30
Depreciation = x 90 = 45%
60
First floor :
10
Depreciation = x 90 = 11.25%
80
Ans ‘a’
Exercise 35 :
Lessee receive an income of Rs. 30,000 per annum. He pays Rs. 16,000/- rent to
landlord. If the lessee receives a rent of 8% return, how much the landlord will expect his
return.
a) 0.09 b) 0.07
c) 0.01 d) 0.10
The return of lessee is (atleast) 1% more than the rate of return of lessor.
Ans ‘b’
257
Exercise 36 :
The lessor receives a ground rent of Rs. 50,000/- from the lessee. The lessee is going to
construct a building and let it out. If the lessor receives a rate of return of 6% from his lessee,
what will be the rate of return that can be expected by the lessee.
a) 6% b) 4%
c) 5% d) 7%
The lessee expects a rate of return of atleast 1% more than the rate of return of
lessor. Hence the rate of return is 7%.
Ans ‘d’
Exercise 37 :
Plot area is 4,800 sq.ft., building 2,400 sq.ft., age is 20 years, life is 60 years, salvage value
is 15%, land rate is Rs. 1,200/sq.ft., replacement rate of building is Rs. 2,100/sq.ft. Valuation
is for security to bank. What is the forced sale value assuming the reduction factor is 15%.
Ans ‘a’
Exercise 38 : (IBBI)
Total age of this building is 4 years. After four years, the depreciated value is equal to 24% of
the cost. Find out the percentage of depreciation (near to answer) by WDV method.
258
a) 24 b) 25
c) 30 d) 35
Method 1 :
r n
Formula A = P (1 - )
100
r 4 24 4
a) For 24% (1 - ) = (1 - )
100 100
76 76 76 76
= x x x
100 100 100 100
= 0.3336 = 33%
25 4
b) For 25% = (1 - )
100
75 75 75 75
= x x x
100 100 100 100
= 0.3164 = 32%
30 4
c) For 30% = (1 - )
100
70 70 70 70
= x x x
100 100 100 100
= 0.2401 = 24%
35 4
d) For 35% = (1 - )
100
65 65 65 65
= x x x
100 100 100 100
= 0.1785 = 18%
Method 2 :
After 1 year 76 75 70 65
Less depreciation - 18.24 - 18.75 - 21 - 22.75
Exercise 39 :
Total age of this building is 3 years. After 3 years, the depreciated value is equal to 34.30% of
the cost. Find out the percentage of depreciation by WDV method.
a) 15 b) 20 c) 25 d) 30
After 1 year 85 80 75 70
Less depreciation - 12.75 - 16 - 18.75 - 21
Exercise 40 :
A building is 40 years old. It has a total life span of 80 years. Current replacement cost of the
building is INR 40,00,000. The salvage value of the materials of the building at the end of the
life is 10% of CRC. What is the depreciation in percentage today?
a) 55% b) 45%
c) 35% d) 65%
Age = 40
Life = 80
Salvage value = 10%
40
Depreciation = x 90 = 45%
80
Answer is ‘b’
Exercise 41 : (IBBI)
A machine was purchased of Rs. 18,000/- before 2 years. It is sold for Rs. 16,000/- consid-
ering 10% depreciation (of Rs. 18,000/-) per annum. The machinery was sold for
Answer is ‘c’
Exercise 42 : (IBBI)
The property value is Rs. 1,00,000, expected salvage is Rs. 2,000 after 5 years, what is rate
of depreciation?
261
Ans : b
Exercise 43 : (IBBI)
A mobile phone was purchased for Rs. 60,000/-. It is salvage is Rs. 10,000/-. Total life time
use 40,000 hours. Used time 20,000/-. What is the depreciation of the cell phone?
Ans : d
Exercise 44 : (IBBI)
Cost of acquisition is Rs. 8,000/-. Salvage value is Rs. 1,000/-. Life of the machine is 3 years.
For WDV, what is the depreciation rate?
8,000
-50% 4,000
a) 50% b) 25% 4,000
-50% 2,000
c) 66% d) 100% 2,000
-50% 1,000
Salvage value 1,000
Ans : a
Exercise 45 : (IBBI)
The net income was reported at Rs. 24,000/- and the property sold for Rs. 3,00,000. What
capitalisation rate is applied to this sale?
24,000 x 100
Ans = 3,00,000
a) 7% b) 8%
c) 9% d) 10%
Ans : b
262
Exercise 46 : (IBBI)
The age of the building is 20 years. The life of the building is 40 years. The replacement cost
of the building as on 2018 is Rs. 5,000/-. The salvage value is Rs. 500/-. Using straight line
method, what is depreciated rate?
5,000 - 500 20
1 x 40
a) Rs. 2,250/- b) Rs. 2,500/-
c) Rs. 2,750/- d) Rs. 3,000/-
Ans : c
Exercise 47 : (IBBI)
A person seeks an income of Rs. 1,000 per annum from an investment. He wishes this is to
be an 8% return on his investment. What is the amount he has to invest?
Ans : c
Exercise 48 : (IBBI)
What would be the written down value of a machine purchased at the cost of Rs. 30,000/-
after 3 years of service life at 5% rate of depreciation?
Less 5% = 1,355
WDV - 3rd year = 25,720
Ans : b
Exercise 49 : (IBBI)
A machine was purchased 2 years back at cost of Rs. 4,00,000/-. Total life is 20 years.
Salvage value = 10%. What is the depreciated present value after 2 years
Ans : c
Exercise 50 : (IBBI)
Workout N.P.V. of a building having 20 years of age and 60 years of total life. Its replacement
cost as on today is Rs. 4,30,000/-. Salvage value 10%. Adopt SLM
Ans : c
264
Exercise 51 : (IBBI)
What is the N.P.V. by constant percentage method (linear method). Replacement cost is
Rs. 3,50,000/-. Life : 75 years. Age : 15 years.
100
Depreciation percentage = = 1.33
75
r n
A = P(1- )
100
1.33 15
= 3,50,000 ( 1 - )
100
= 3,50,000 ( 0.9867)15
= 3,50,000 x 0.818
= Rs. 2,86,300/-
Ans : d
Exercise 52 : (IBBI)
A single storeyed house was constructed in 1993, cost Rs. 10,00,000/-, What is the value in
the year 2000 by cost index method of CPWD? Index in 1993 - 244, Index in 2000 - 447,
Base index is 100 for 1981 .
* * *
265
Part - V
a) 01.04.1981 b) 01.04.2001
c) 01.04.1972 d) 31.03.2017
Ans : a
a) 01.04.1981 b) 01.04.2001
c) 01.04.1972 d) 01.04.2017
Ans : b
3. According to the recent amendment in capital gains computations, what is the base
year for which cost inflation index is 100?
a) 2001 - 02 b) 1981 - 82
c) 2016 - 17 d) 2002 - 03
Ans : a
4. According to the recent amendment in capital gains, what is the cost inflation index
for 2001 - 02?
a) 100 b) 110
c) 120 d) 130
Ans : a
5. Cost is a
268
a) Fact b) Policy
c) Opinion d) None of the above
Ans : a
6. Price is
a) Fact b) Policy
c) Opinion d) None of the above
Ans : b
7. Value is
a) Fact b) Policy
c) Opinion d) None of the above
Ans : c
Ans : c
9. When valuation is required for a lease property, the main requirements are
Ans : d
Ans : d
269
Ans : d
12. A person seeks an income of Rs. 1,000 per annum from an investment. He wishes
this is to be an 8% return on his investment. What is the amount he has to invest?
Ans : c
13. If ‘A’ leases property to ‘B’ for Rs. 2,000/- and ‘B’ in turn subleases to ‘C’ for a rent
of Rs. 3,000/- monthly. Rs. 2,000/- is head rent and Rs. 3,000/- is improved rent.
What is the difference value of profit rent?
Ans : b
Ans : d
15. If any property is to be valued for mortgage purpose to bank as collateral security,
the important factor to be considered is
Ans : d
Ans : d
17. While calculating depreciation value by constant percentage method, which is not
considered?
Ans : c
Ans : b
a) Leasehold b) Freehold
c) Licensed holder d) Easement holder
Ans : b
20. All the land locked lands enjoy only 25% of the value?
Ans : d
Ans : d
Ans : d
r n
23. A=P(1- ) - this formula is to find the
100
Ans : a
Ans : a
Ans : b
26. The meaning of cost of construction with reference to income tax valuation is
272
Ans : c
27. In book value method, .................. of the asset in the year of acquisition is taken as
the basis
Ans : a
Ans : c
Ans : a
30. If the land is situated in central business district area of town, it fetches
Ans : b
31. The three important criteria for selection of best land in a town are
Ans : d
32. The unit rate of large sized lands (say 30,000 sq.m.) is comparatively ...................
when compared to a small size plot of 500 sq.m.
a) More b) Less
c) Same d) None of the above
Ans : b
33. A virgin plot is said to be normally more by a ........ percentage when compared to a
plot with a building
a) 10 to 15% b) 15 to 20%
c) 20 to 25% d) 25 to 30%
Ans : a
a) 1 : 1.5 or 1 : 2 b) 1:3
c) 1:4 d) 1:5
Ans : a
Ans : a
36. A corner plot normally enjoys a higher rate by ............ percentage when compared to
the rate of single frontage plot
a) 10 to 15% b) 15 to 20%
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c) 20 to 25% d) 25 to 30%
Ans : a
Ans : c
a) Vista b) Elevation
c) Clear view d) Excellent
Ans : a
Ans : a
Ans : a
a) 4 b) 3
c) 2 d) 5
Ans : c
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42. Land may have been used as burial ground or some crime or murder story is linked
with such land. This effect is called as
Ans : a
43. Belting theory method and Hypothetical plotting scheme (method) of valuing land
are corollaries of
Ans : b
Ans : a
45. Actual cost in terms of money as actually spent by the owner in erecting a building
on the plot is known as
Ans : a
Ans : b
47. To pay compensation for shifting any religious building during land acquisition, this
method is used
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Ans : a
48. Loss in service value due to usage of an asset and passage of time - this is called
as
a) Appreciation b) Depreciation
c) Escalation d) Depletion
Ans : b
49. A building along sea shore may deteriorate faster than the building away from the
sea shore - this is called as
Ans : a
50. A factory building in chenmical zone would wear out faster than the factory in
engineering zone - this is called as
Ans : a
51. The buildings which are located in areas which are frequently subjected to earth
quake, cyclone, tsunami, flooding observe sudden damage - this is called as
Ans : a
52. Due to structural design defects, serious damage is caused to the building - this is
called as
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Ans : a
53. The assets are under utilised. Optimum economic benefit of the land & building is
not achieved - this is called as
Ans : b
54. An asset is put into inferior usage of residence instead of commercial use - this is
called as
Ans : b
55. The policy of government to protect slums and not to permit removal of unauthorised
hutments is an example of
Ans : b
Ans : b
57. Rental value of a premises in a particular locality falls severely due to bad
neighbourhood - this is called as
Ans : b
58. The assets are outdated and their planning and designing are contrary to the present
day requirements - this is called as
Ans : c
Ans : c
Ans : c
61. A computer may suffer from ..................... hardly within 2 or 3 years if more
advanced computers are there in the market
Ans : c
62. A new machine may become obsolete, if product manufactured by said machine
do not have any demand whatsoever in the market - this obsolescence is called as
Ans : c
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63. Load bearing structures are replaced by framed structure. Timber structures are
replaced by steel framed structure. Wooden windows are replaced by aluminium
windows. These are due to the modern technologies - this obsolescence is called
as
Ans : d
Ans : a
Ans : b
66. What would be the written down value of a machine purchased at the cost of
Rs. 30,000/- after 3 years of service life at 5% rate of depreciation?
Ans : b
67. In this method, final depreciated value of the asset, after several years of its useful
life, is not shown at zero but it is shown at token Re. 1 till it is sold or transferred.
Ans : b
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68. In this method, equal percentage of depreciation is allowed on its original capital
cost for each year of life. Depreciation amount for each year is exactly same till full
cost is written off.
Ans : c
69. A machine was purchased 2 years back at cost of Rs. 4,00,000/-. Total life is 20
years. Salvage value = 10%. What is the depreciated present value after 2 years
Ans : c
70. Workout N.P.V. of a building having 20 years of age and 60 years of total life. Its
replacement cost as on today is Rs. 4,30,000/-. Salvage value 10%. Adopt SLM
Ans : c
71. It gives higher depreciation in initial years of the asset when actual wear and tear is
minimum. It gives exactly same depreciation amount for each year, even for a later
period of asset when actual deterioration is very high. This method is
Ans : c
72. In this method, rate of depreciation is first assumed. The formula straight away
gives the N.P.V. This method is called
Ans : d
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73. What is the N.P.V. by constant percentage method (linear method). Replacement
cost is Rs. 3,50,000/-. Life : 75 years. Age : 15 years.
Ans : d
74. In this method, rate of depreciation is adopted as prescribed in Income tax Act -
This is called as
Ans : a
a) 4 b) 3
c) 2 d) 5
Ans : a
76. It is the actual service life of a building. It is also called as planned life or income
yielding life. This life is called
Ans : a
77. It is the actual survival life of the building before collapse. It may be more or less
than the planned life. This life is called
Ans : b
78. It is life of the building by which it becomes obsolete due to changes in life style in
the society. The life is called
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Ans : c
79. Life of a residential building in an industial zone and life of a factory building in a
residential zone are examples are
Ans : c
80. A building erected on leasehold land which has only 30 years lease period. Income
from building would lease after 30 years. This type of life is called as
Ans : d
81. This approach mainly consists of estimating value of land and building separately
and adding values to arrive at total cost of property.
Ans : a
82. Vyagramukhi plot has .............. front width along the road and ............. width in the
rear side.
Ans : a
83. As per belting theory, rate of land under 3rd belt is adopted as .....% of the front belt
land rate.
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a) 50% b) 67%
c) 33% d) 40%
Ans : a
Ans : a
85. A gaumukhi shaped plot has ............. front width along the road and .............. width
on the rear side
Ans : a
86. In this type of mortgage, mortgager does not give possession of the property to the
bank, but he gives personal undertaking that he will repay loan. This is
Ans : a
87. In this mortgage, the mortgage deed provides for conditional sale of the property
by the mortgager to the mortgagee
Ans : b
88. The mortgager delivers possession of the property to the mortgagee. The
mortgagee receives rent and profits from the property and retains the possession
till the full mortgage money is paid. This mortgage is called as
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Ans : c
89. The mortgager binds himself to repay mortgage money on a certain date and he
also transfers the mortgaged property absolutely to the mortgagee, but subject to a
proviso that mortgagee will transfer the property to the mortgager upon full
repayment of the mortgage money. This mortgage is called as
Ans : d
90. Where a person delivers to the creditor documents of title of immovable property
with intent to create a security thereon, the transaction is called
Ans : a
91. Land, land with building, flat, office, shop, etc. which are proposed to be purchased
from the finance obtained from the bank are called as
Ans : a
92. Additional securities pledged to the bank in addition to the primary security are
called as
Ans : b
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93. Bank gives loan to a borrower. He completes the building. Bank requires a report
which is called as
Ans : a
94. The minimum realisable value of property under public auction is called as
Ans : a
95. It is an estimate of the price of the property would fetch in open market on ‘as is
where is basis’ in a short possible time is called as
Ans : c
96. The net money likely to be realised by owner by sale of his property is commonly
called as
Ans : a
97. The estimated amount that one would expect to achieve at properly promoted,
conducted and attended auction sale held at site is called as
Ans : d
98. It is an estimate of minimum price likely to be offered by the bidders in the public
auction
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Ans : a
Ans : a
100. A valuer is required to consider what will be the position of the property if it is sold
within 12 months of his valuation. This case in English court is called as
Ans : a
101. There is a range of the prices of the property. Only competent valuer can fix the
market value of the property. This case is
Ans : a
102. Authorised officer under this Act has more powers than a court receiver. He can
take not only symbolic possession of the property but can also take physical
possession. What is the Act?
Ans : a
Ans : a
104. ..................... possession of the property is taken by the bank when borrower
surrenders the possession pursuant to the notice or such possession is taken after
due process of law. It is called as
Ans : b
Ans : a
106. Reverse mortgage scheme (RMS) was introduced in 2007 for the benefit of
Ans : a
a) Auction b) Liquidation
c) Sale d) None of the above
Ans : b
108. The value of a property derived from the transactions in which sellers are unwilling
sellers and marketing time is not sufficient - is called as
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Ans : b
109. In order to equalise the assets value according to the predetermined exact shares,
there has to be what is known as ................ money exchanged between the
concerned parties
Ans : c
110. A right granted by a land owner to an owner of another property for non-exclusive
use of a portion of the land of a specific purpose or enjoyment of certain rights - this
is called as
Ans : b
111. In easement right, the land over which the right is imposed is termed as servient
tenement and the owner has a
Ans : a
112. When a co-operative society admits its members only people who are vegetarians
such type of easement is called as
Ans : b
113. When the benefit of an easement is not exercised over a long period of time, the
easement
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Ans : a
114. Any servient easement to a property makes it automatically less attractive and
hence tends to diminish its ................
a) Value b) Right
c) Cost d) None of the above
Ans : a
115. According to this concept, the ownership of a particular property or a flat is held for
a specified period of time during a year. This is called as
Ans : a
116. The most commonly used method for valuing mineral lands is
Ans : c
117. The purpose of imposing stamp duty when a transaction on an immovable property
takes place is
Ans : b
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118. When a land is under sale, the value of land (for the purpose of stamp duty) is fixed
by the Registrar’s office based on the
Ans : b
119. Money, cash in bank, gold, silver, jewellery and personal belongings are called as
Ans : a
Ans : b
Ans : a
Ans : b
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123. Temple, church, school, college, public buildings, museum, fire station,
government buildings are termed as
Ans : c
124. This approach is generally useful to value income fetching marketable properties
Ans : a
125. This approach is generally recommended for the non-income fetching marketable
properties
Ans : b
Ans : c
127. ................. normally includes profit of seller over and above cost of labour and cost
of materials that has been incurred by the seller in creation of the said asset
a) Cost b) Price
c) Value d) None of the above
Ans : b
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128. “Value is an estimate of the price as it ought to be” - who said this?
Ans : a
Ans : a
130. Sometimes property owners expect some likely changes in government and
expect the value of their property to rise in the near future. Such value is called as
Ans : a
131. When a property is to be sold as quickly as possible with minimum time for market
exposure, it is termed as
Ans : a
132. A property is situated in a highly developed are. Due to heavy demand and less
supply, this property can be sold at a fancy price. This is called
Ans : a
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133. It is an imaginary value of the property worked out for special purposes of taxation
like wealth tax. This value is called as
Ans : a
134. It is a value of the property to the speculator who invests in the property with sole
motive of selling at profit after short period of time. It is called as
Ans : a
135. Valuation is not an exact science. Mathematical certainly is not demanded, not
indeed is it possible. Who said this?
Ans : a
136. Temple property is not marketable, yet it has got value, we may call it as
Ans : a
137. A property which can be physically touched and seen like cash, car, land, etc. are
called as
Ans : b
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138. The assets which cannot be seen or touched but its effect can be notionally seen
and felt - They are called as
Ans : a
a) 5 b) 2
c) 3 d) 4
Ans : d
140. Economic and taxation policies of the government, money market situation,
expected rental yields & returns on investment in real estate are the ......................
factors affecting the value
Ans : a
141. Income fetching capacity of the property, cyclical boom & recession periods in real
estate market, employment opportunities are the .................. factors affecting the
value.
Ans : a
142. Swimming pool, garden, lift, security system, health club, good network of roads,
water supply, drainage system, power supply are some of the ................. factors
affecting the value.
Ans : b
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143. Proximity of shops, market, school, cinema, hospital, railway station, bus stand,
temple, place of workship are some of the ................ factors affecting the value.
Ans : c
144. Ecological restriction, Easement Act, Covenants in a lease deed, Income tax Act
are some of the ............... factors affecting the value.
Ans : d
145. Reservation under different Acts, Height restriction rules near the airport area, safety
distance rules from High tension lines, railway tracks, highways, water courses are
some of the ............. factors affecting the value.
Ans : d
146. A valuation report originates with the instruction given by the ............. in response
to which the task of writing a report is undertaken by a valuer.
a) Lawyer b) Client
c) Concerned department d) None of the above
Ans : b
Ans : a
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Ans : b
149. Many a times, use of ‘cut’, ‘copy’ and ‘paste’ functions in computer make valuers
lazy about report writing which may result in enquiry by ................
a) Clients b) User
Ans : c
150. News paper or media reports giving only information which may be without
expressing any opinion or advice which is left to the reader to make out. This is
Ans : a
151. It is the exercise of technical expertise and therefore gives all the necessary
information and data with their analysis and expresses definite conclusion or
opinion. The user takes appropriate decision based on this report. This is
Ans : b
152. A written report casts high degree of ........ on the valuer as it acts as a formal record
and becomes a document/
a) Accountability b) Duty
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c) Integrity d) Honesty
Ans : a
153. At the time of valuation, the valuer should have high degree of ................ with the
client and property to be valued.
a) Attachment b) Detachment
c) Intimacy d) None of the above
Ans : b
154. While estimating the market value for mortgage, a valuer should consider himself
to be ..............
a) a lawyer b) a mortgage
c) a mortgagor d) both mortgagor and mortgagee
Ans : d
Ans : d
156. It means reduce in numbers of exhaust. It is the word applied to the consumption of
natural resources. Typical examples are natural gas, oil, coal, water, mineral
a) Depreciation b) Depletion
c) Exhaust d) None of the above
Ans : b
* * *
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Part - VI
1. Which of the following is not a natural attribute of a land, but artificially created by
man?
a) Benefit b) Tenure
c) Location d) Frontage
Ans : b
a) Fact b) Principle
c) Continuous process d) One time process
Ans : c
Ans : c
Ans : c
5. Which of the following distinguishes investment in real estate vis-a-vis other forms
of investment?
302
Ans : b
6. Which out of the following is not a factor that affects demand & supply of real estate?
Ans : d
7. Under sec 61 of Indian succession Act, a will or any part of a will, which has been
caused by fraud and which takes away the free agency of the testator, is ..................
a) Illegal b) Valid
c) Voidable d) Void
Ans : d
8. Utility means existing and anticipated ............... due to ownership & use of property.
a) Marketability b) Scarcity
c) Transferability d) Benefits
Ans : d
9. The value of the rent controlled properties will have ............. value than vacant property.
Ans : d
Ans : b
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11. Which valuation method should be used to calculate the market value of vacant
building excluding land?
Ans : b
Ans : b
Ans : d
14. Sec 112 under Transfer of Property Act for waiver of forfeiture but where rent is
accepted after the institution of a suit to eject the lessee on the ground of forfeiture,
such acceptance .........................
Ans : b
Ans : a
Ans : b
17. Severance of joint family status takes place from the date when the communication
.................
Ans : d
18. Any profit or loss on the sale of sinking deprecation fund investments is transferred to
...............
Ans : a
19. A owes B Rs. 1,000 payable on 1st December 2017 with interest. On 1st June 2017,
A offers to pay the amount with interest up to 1st of June 2017. It is
Ans : a
20. Premature termination of lease is a major .......... factor affecting the value of leasehold
property.
a) Physical b) Legal
305
c) Social d) economic
Ans : d
Ans : a
22. Which of the following is not a criterion in determining the highest and best use of
land?
Ans : d
Ans : c
24. Where there is frequent fluctuations in stocks/ stock values, which of the following
provides suitable cover?
Ans : b
25. Where rent reserved in an occupational lease is less than the full rental value, it is
called ..................
Ans : a
306
26. Rehabilitations and resettlement award for affected as per land acquisition,
rehabilitation and resettlement act 2013 is made by
Ans : c
a) Void b) Voidable
c) Valid d) The court will finalise
Ans : a
28. In case of lease hold property with perpetuity of 99 years lease and If the lease deed
is having renewable class of for further 99 years, the lessor’s interest is
Ans : c
Ans : d
30. If the promiser promises to perform the promise of third person or to discharge the
liability (or) obligation of a third person in the case of the latter’s default if fullfilled by
person is
a) Indemnity b) Promiser
c) Guarantee d) none of above
Ans : c
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31. ........... is appointed to inform agriculturalist about the value, type of pesticides and its
level of poison.
a) ICAR b) CIBRAC
c) Rural bank d) RBI
Ans : b
32. As per RERA Act, the promoter has to collect from customer, maintain and spend the
money through escrow account. The percentage of money deposited is ........
a) 50% b) 60%
c) 70% d) 80%
Ans : c
33. Out of the following, the one which is not belonging to mobile pollution is
Ans : c
34. Deduction allowed made for rental income under income tax for the house hold rental
property is ................
a) 15% b) 25%
c) 30% d) 20%
Ans : c
35. The valuer should maintain the records for minimum of ................ years
a) 1 Year b) 3 Years
c) 5 Years d) 10 Years
Ans : b
36. The valuer should be straight forward and honest in performing professional service
because
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Ans : c
37. To whom can a creditor prefer an appeal in case of rejection of his claim
Ans : c
38. The class of locality, neighbourhood, prestigious aspects regions factors like temple,
church, worship places, sentiments like vaasthu, etc, are ............
Ans : d
39. For RCC roof framed building, the life of building considered for valuation purpose is
.................
a) 40 to 60 Years b) 60 to 80 Years
c) 80 to 100 Years d) 100 to 120 Years
Ans : b
40. Which method is adopted for valuation of a property located at extension under
developing area of the city?
Ans : c
41. For a free hold property owned by a person, If half portion is rented out for tenant and
half portion is owned by the land lord, the property is valued by which method?
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Ans : d
42. When many number of units are available to the purchaser in excess of demand, it is
Ans : b
43. Saving is ............... the relationship with income is :
Ans : a
44. What is extra premium for add on cover for act of god in standard peril policy?
a) 1% b) 2%
c) 3% d) None of the above
Ans : d
Ans : d
Ans : b
47. A gift is a made to two persons. If one person dies before accepting the gift, then
a) it is void b) it is voidable
c) it is donors option to finalise, d) none of above
Ans : a
48. The forest and animal are not bounded by the following act :
Ans : c
Ans : a
Ans : b
a) Void b) Voidable
c) valid d) Complete
Ans : c
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a) Size b) time
c) location d) age
Ans : b
Ans : c
Ans : b
Ans : d
a) Exchange b) Market
c) Benefit d) Transferability
Ans : a
Ans : b
a) Owner b) Government
c) Labour d) Marginal product
Ans : d
59. A valuer should act without conflict and interest coeircen or under influence of any
party.
Ans : b
Ans : d
61. When the owner’s right is imperfect and will be made perfect on fulfilment of certain
conditions is called
Ans : c
Ans : c
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63. Two interest rates are considered when the situation of income is
a) Perpetual b) Annual
c) Terminable d) None
Ans : c
64. Accumulated sum of Rs 1/- per year for 6 years at the rate (1 + r)n - 1
APA = r
of interest of 8 %
Ans : b
Ans : d
66. The property value is Rs 100000, expected salvage is Rs 2000 after 5 years, what is
rate of depreciation? 1,00,000 - 2,000
5
i.e. 98%
a) 20 b) 19.60 5 = 19.6%
c) 30 d) 15
Ans : b
Ans : d
Ans : c
69. The difference in rent received by head lessee after giving leased property by him to
sub-lessee is called
Ans : c
70. Lessor gives open land to lessee to permit him to construct building, the lease is
called
Ans : a
71. If Y.P is 12.50, then the rate of return is in percentage 100 / 12.5
a) 9% b) 8% c) 10% d) 12%
Ans : b
72. When the supply is excess than demand, then the market is
Ans : c
Ans : a
Ans : c
Ans : c
76. The most accurate and reliable cost of construction acceptable by court is
Ans : b
77. The economic life of a RCC load bearing structure is considered as ............
a) 80 years b) 60 years
c) 30 years d) 120 years
Ans : b
a) Bombay b) Kolkata
c) Hyderabad d) Chennai
Ans : a
a) transported b) bought
c) sold d) mortgaged
Ans : a
316
80. Valuation is an art or science, mathematically certainty not required, nor indeed is it
possible.
Ans : b
81. For owner occupied portion, the District Valuation officer calculated the value on the
basis of what were the rates prevalent for sale of commercial flats in cannaught place.
For the tenanted portion, he capitalized the rental value. The method adopted by him
is acceptable.
Ans : c
a) 0.5% b) 1%
c) 1.50% d) 0.025%
Ans : a
83. The sum insured under debris removal add-on cover cannot exceed —— % of the
total sum insured under the fire policy.
a) 20% b) 15%
c) 1% d) 10%
Ans : d
a) APS b) MPS
c) APC d) MPC
Ans : b
Ans : a
Ans : b
Ans : c
88. Mr. ‘A” constructed a property, cost was Rs. 5,00,000/-, during 1990. He sold to ‘B’ in
2000 for Rs. 10,00,000/-. ..................... is the cost in the hands of Mr. ‘B’.
Ans : b
89. When a land does not abut on any road and does not enjoy any legal approach, such
land is called
Ans : a
318
90. Properties which are under developed, somebody buys such properties, develop it
with the idea to earn profit. Such properties are called
Ans : c
Ans : a
a) Arsenic b) Lead
c) Organic fertilizer d) Heavy metal
Ans : a
93. If land rate is high compared to cost of construction, landlord’s share in a joint venture
will be
a) High b) Equal
c) Low d) None
Ans : a
Ans : b
a) Valid b) Void
319
c) Voidable d) Landful
Ans : b
96. When a lessee transfers property, then the lessor, normally, claims a share in the profit.
This profit is known as ..................
Ans : c
Ans : d
98. The Doctrine of unearned increase was enacted beacuse of a famous court
judgement. Select the correct judgement.
a) Commissioner of Wealth Tax, New Delhi vs. Sri. P.N. Sikand (1977)
107 ITR 922 (SC)
b) CIT vs. Smt. Ashima Sinha 1979) 116 ITR 26 (Calcutta), 1980 Tax 56(1)
19 Calcutta).
c) Controller of Estate Duty vs. Radha Devi Jalan (1968) 67 ITR 761,
Calcutta High Court.
d) C.W.T. vs. Venugopal Konar & Ors. ((1977) 109 ITR 52, Madras High
Court.
Ans : a
99. The landmark judgement, Commissioner of Wealth Tax, New Delhi vs. Sri. P.N. Sikand
(1977) 107 ITR 922 (SC) states that :
Ans : a
a) Yes b) No
c) With oral permission d) With written permission from
of landlord landlord
Ans : c
101. Under Sec 192 of Companies Act - the value of the asset is duly calculated by
Ans : c
a) Minor b) Lunatic
c) Person with a sound mind, d) None of the above
not a minor
Ans : c
Ans : a
104. RERA - For alteration to the plan - the developer should take the consent from atleast
.................
Ans : b
105. A car was bought for Rs. 2 lacs 2 years back. The market value of the car today is
1 lakh. What is the “realizable value”?
a) 1 lakh b) 2 lakhs
c) 3 lakhs d) None
Ans : a
106. S/Y =
a) APS b) APC
c) MPS d) MPC
Ans : a
a) Location b) Size
c) Age d) Purchase cost
Ans : d
Ans : d
a) Zero b) One
c) Infinity d) None
Ans : a
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Ans : c
Ans : a
112. When and where NSE (National Stock Exchange) was formed?
Ans : a
Ans : c
Ans : c
Ans : a
323
a) 1% b) 2% c) 3% d) 4%
Ans : c
Ans : d
Ans : c
a) RD b) FD
c) Share market d) Gifted securities
Ans : b
Ans : b
121. A mobile phone was purchased for Rs. 50,000/-. It’s salvage value is Rs. 10,000/-.
Total life time used is 60,000 hours. Used time is 20,000/-. What is the depreciation of
the cell phone?
50,000 - 10,000 20,000
Ans = 1 x 60,000
= Rs. 13,383/-
a) Rs. 12,000/- b) Rs. 15,000/-
c) Rs. 18,000/- d) None of above
Ans : d
324
a) Money b) Machinery
c) Entrepreneur d) Labour
Ans : b
a) Labour b) Machine
c) Capital d) Entrepreneur
Ans : d
Ans : b
Ans : b
126. The land with high FSI or the land with low FSI - in which, the land value is high?
Ans : a
127. In supply and demand curves the quantity of goods in which axis
a) X - axis b) Y - axis
c) X & Y - axis d) None of above
Ans : a
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a) Mean > Median > Mode b) Median > Mode > Mean
c) Mode > Mean > Median d) None of the above
Ans : a
a) Dams b) Bridge
c) Highways d) Cinema Theatre
Ans : d
130. As per building bye laws, which is permissible in Cinema Theatre complex?
Ans : a
Ans : a
132. Which depreciation method gives directly the N.P. value? (Net Present Value)
Ans : a
133. Which of the following is not a factor affecting to the capitalisation of rate?
Ans : d
134. A valuer may accept the following one beyond fees for his service.
a) Gift b) Hospitality
c) Sucession fee d) None of the above
Ans : b
a) Benefit b) Frontage
c) Location d) Tenure
Ans : d
a) 60 days b) 90 days
c) 180 days + 90 days d) 300 days
Ans : c
137. Which of the following is eligible under Transfer of Property Act to executive will?
Ans : c
138. For income generating commercial perperties, the valuation method is .............
a) Cost b) Market
c) DCF d) Comparison
Ans : c
139. For insurance purpose (fire policy) which cost is normally used?
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Ans : d
Ans : c
Ans : a
142. What is the common factor between distress sale value and forced sale value?
ans : c
143. Cash, Jewellery, Car, Machines, Land and Building are called as
Ans : a
144. Good will, brand right , copy rights, intellectual property, life interest are called as
Ans : a
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145. Which of the following method is to be adopted if an asset is to be used more in the
early years of its life than to that of later years.
Ans : b
146. Will is executed to a widow for using the house till her life and the same can be
transferred to their sons after her death.
Ans : a
Ans : a
148. As per IVS standard, market value consists of ------------. Which one of the following is
not the element?
Ans : a
149. Mr. A is going to start a project, approaches B for expert opinion. Relationship
between A and B is defined as
Ans : d
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Ans : c
Ans : d
a) 1% to 3% b) 2% to 5%
c) 3% to 6% d) 1% to 4%
Ans : d
a) It is not the interest of the values b) for the interest of the society
c) Interest of the client as well as valuer d) Shall keep public interest
Ans : b
Ans : a
Ans : a
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Ans : a
157. Flow of income is in perpetuity, years purchase figure would ............... with decrease
in rate of interest.
a) Increase b) Decrease
c) Remain same d) Zero
Ans : a
Ans : a
Ans : b
160. Development control rules of the city / town decides the ................. of the property.
a) Security b) Rise
c) Usage d) Transferability
Ans : c
Ans :. d
162. Under Transfer of property, immovable goods does not include ..............
Ans : d
a) Invalid b) Voidable
c) Incomplete d) Disqualified
Ans : a
Ans : b
165. Which of the following details are not to be included in the valuation report?
Ans : d
166. Which one is not giving rise to organic pollution in water pollution
a) Fertilizers b) Pesticides
c) Organic compounds d) Heavy metals
Ans : d
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Ans : a
1
168. Years purchase Re. 1, 10 years, 7% Y.P. = (1 + r)n
Ans : d
Ans : d
170. Which of the following statements is true related to obligation of insurer on notification
of a claim.
Ans : c
171. Under discounted cash flow method, value of property increases with ...................
Ans : c
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172. A single storeyed house was constructed in 1993, cost Rs. 10,00,000/-, What is the
value in the year 2000 by cost index method of CPWD? Index in 1993 - 244, Index in
2000 - 447, Base index is 100 for 1981 .
Ans : d
a) 15 b) 16 c) 8 d) 13
Ans : a
174. Sale recorded at Registrar’s office is one of the sources from where ...............
Ans : a
a) it is not for the valuer’s interest b) it is not for the interest or client
c) it is for the interest of both d) it is for the interest of society
Ans : d
176. As per IBC 2016, who cannot initiate a fast track corporate insolvency resolution
process?
Ans : c
177. A gift to two or more donee of whom one does not accept, it is
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Ans : a
178. Which one of the following statement is responsibility of valuer in case of value
dispute?
Ans : d
Ans : a
180. Which of the following legislation regards the building of hazards substance?
Ans : d
181. Basic valuation principles underlying the direct comparison approach is the ...............
Ans : b
Ans : a
Ans : b
184. Court shall presume a fact the court .............. it is completed to take the fact as
provided, i.e., it shall have to presume the fact
Ans : c
185. Cost of acquisition is Rs. 8,000/-. Salvage value is Rs. 1,000/-. Life of the machine is
3 years. For WDV, what is the depreciation rate? 8,000
-50% 4,000
4,000
a) 50% b) 25% -50% 2,000
c) 66% d) 100% 2,000
-50% 1,000
Salvage value 1,000
Ans : a
Ans : d
187. Burden of proof lies upon a person who has to prove the fact and which
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Ans : b
188. Sec 58 Indian Easement Act the grant control render the property which is
a) Safe b) Unsafe
c) Danger d) Unsafe and danger
Ans : d
Ans : c
190. In which of the following cases, the court approved comparable sales method of
valuation for owner occupied portion of the building and rental method of valuation for
tenanted portion of the same building
Ans : b
Ans : d
192. .................. refers to a situation where any person or a body corporate is unable to fulfil
its financial obligations (often occurring due to several factors such as a decrease in
cash flow, losses and other related issues).
a) Insolvency b) Bankruptcy
337
c) Liquidation d) Acquisition
Ans : a
Ans : a
194. Head lessee subleases the property. The rent he gets will be called as
Ans : d
Ans : c
Ans : b
197. Price elasticity of demand for any perfectly competitive fim’s output is
Ans : c
338
Ans : c
Ans : a
a) Industrial b) Apartment
c) Cinema d) Hotel
Ans : b
201. Which is not a part of immovable property under transfer of property act?
Ans : c
Ans : b
203. A lease of immovable property from year to year or exceeding one year, etc. can be
339
Ans : c
Ans : c
a) Tripartite b) Bilateral
c) Multipartite d) Multilateral
Ans : b
206. Which of the following lives of the buildings is used to determine depreciation of
building?
Ans : a
207. Supply and demand is considered as ................. aspect affecting the value of the
property
a) Physical b) Social
c) Economic d) Legal
Ans : c
208. Lesee’s interest increases or decreases if the unexpired term of the lease increases?
a) Increases b) Decreases
c) No change d) None
Ans : a
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209. Sale during time of Holi or any festival would come under which of the following?
a) Seasonal b) Cyclic
c) Regular d) None
Ans : a
Ans : a
211. The net income was reported at Rs. 24,000/- and the property sold for Rs. 3,00,000.
What capitalisation rate applied to this sale?
a) 7% b) 8%
c) 9% d) 10%
Ans : b
212. In which case, the Rule of absolute liability was laid down by the Supreme Court?
24,000 x 100
Ans = 3,00,000
a) M.C. Mehta v. Union of India
b) Meneka Gandhi v. Union of India
c) Das Gupta v. Union of India
d) Sukla v. Union of India
Ans : a
a) Loss b) losses
c) Compensation d) none of the above
Ans : c
214. The exchange of letters, telex, any form of communication not denying the existence of
arbitration amounts to?
341
Ans : a
Ans : d
Ans : d
Ans : d
218. Taj Mahal had a great damaging impact due to pollution. Pin point the contaminant.
a) SO2 b) NO2
c) SPM d) None of the above
Ans : a
Ans : a
220. Which was the first country to impose a constitution obligation on the state and citizens
to protect and improve the environment as one of the primary duties?
a) India b) Japan
c) USA d) None of the above
Ans : a
a) a Physical b) a Social
c) an Economic d) a legal
Ans : c
Ans : b
a) Cost b) Price
c) Transaction d) Interaction
Ans : b
Ans : d
225. If the owner’s right which is imperfect is made perfect on fulfillment of certain conditions,
it is called as
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Ans : d
226. The exclusive right of a Flat owner over his own Flat along with rights of proportionate
share in common areas is called
Ans : a
Ans : b
228. As the unexpired period of lease increases, the capital value after reversion goes on
a) Increasing b) Decreasing
c) Without changing d) None
Ans : b
Ans : b
a) Yes b) No
c) Not applicable d) None of the above
Ans : b
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231. The age of the building is 20 years. The life of the building is 40 years. The replacement
cost of the building as on 2018 is Rs. 5,000/-. The salvage value is Rs. 500/-. Using
straight line method, what is depreciated rate of construction?
5,000 - 500 20
1 x 40
a) Rs. 2,250/- b) Rs. 2,500/- 5,000 - 2,250
c) Rs. 2,750/- d) Rs. 3,000/- = 2,750
Ans : c
232. Sum insured (provisional) under the declaration policy is Rs. 1,00,00,000/-. Rate of
premium is Re. 1 per million. Average sum insured is Rs. 50,00,000/-. What is the
refund premium?
Ans : a
a) Building c) Plant
c) Machinery d) Stocks
Ans : d
234. Turnover is Rs. 20 lakhs. Cost of production is Rs. 14 lakhs. Fixed overheads is
Rs. 4 lakhs. Net profit is Rs. 2 lakhs. Which is the correct sum insured for a
consequential loss (fire) policy?
Ans : d
235. Turnover is Rs. 10 lakhs. Cost of production is Rs. 7 lakhs. Fixed overheads is
Rs. 2 lakhs. What is the net profit for consequential loss (fire) policy?
Ans : a
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236. Annual amount of gross profit is Rs. 1,20,000/-. What should be the sum insured
under consequential loss (fire) policy for an indemnity period of 24 months?
Ans : d
237. Which of the following is not a standing charge under consequential (fire) policy?
Ans : d
238. Annual gross profit is Rs. 1,20,000/-. What should be the sum insured under
consequential loss (fire) policy for a period of 9 months?
Ans : c
239. Under fire policy, the sum insured is Rs. 1 lakh. The loss is Rs. 60,000/-. Value of
the property at the time of proposal is Rs. 1,50,000/-. Value of the property at the
time of loss is Rs. 2,00,000/-. What is the amount of loss payable?
Ans : b
240. In cash of Usufructuary mortgage the mortgagee is placed in possession and has a
right to enjoy the rent and profit
Ans : a
241. Which valuation methodology should be used to calculate the market value of vacant
building excluding land?
Ans : b
242. After leasing of the property, the lessor’s right is sometimes called .................... right
a) diminishing b) occupational
c) residual d) possession
Ans : c
243. Return of unutilized land to the land owner after .................... years in LARAR act.
Ans : d
244. The property value is Rs. 1,00,000. Expected salvage value is Rs. 2,000 after 5 years.
What is the rate of depreciation?
a) 20 b) 19.60 c) 30 d) 15
Ans : b
245. A mobile phone was purchased for Rs. 50,000/-. Its salvage value is Rs. 10,000/-.
Total life time use 60,000 hours. Used time 20,000. What is the depreciation of the
cell phone?
Ans : d
246. Cost of acquisition is Rs. 8,000/-. Salvage value is Rs. 1,000/-. Life of the machine is
3 years. For WDV, what is the depreciation rate?
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Ans : a
247. The net income was reported at Rs. 24,000/- and the property sold for Rs. 3,00,000.
What capitalisation rate is applied to this sale?
a) 7% b) 8% c) 9% d) 10%
24,000
x 100 = 8%
3,00,000
Ans : b
248. The age of the building is 20 years. The life of the building is 40 years. The replacement
cost of the building as on 2018 is Rs. 5,000/-. The salvage value is Rs. 500/-. Using
straight line method, what is depreciated rate?
Ans : c
249. A person seeks an income of Rs. 1,000 per annum from an investment. He wishes
this to be an 8% return on his investment. What is the amount he has to invest?
1,000
x 100 = Rs. 12,500
8
Ans : c
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250. What would be the written down value of a machine purchased at the cost of
Rs. 30,000/- after 3 years of service life at 5% rate of depreciation?
Ans : b
251. A machine was purchased 2 years back at a cost of Rs. 4,00,000/-. Total life is
20 years. Salvage value = 10%. What is the depreciated present value after 2 years)?
2
Depreciation percentage = x 90 = 9%
20
Depreciated value = 0.91 x 4,00,000 = Rs. 3,64,000/-
Ans : c
252. Workout N.P.V. of a building having 20 years of age and 60 years of total life. Its
replacement cost as on today is Rs. 4,30,000/-. Salvage value 10%. Adopt SLM
20
Depreciation percentage = x 90 = 30%
60
Net Present Value = 0.7 x 4,30,000 = Rs. 3,01,000/-
Ans : c
253. What is the N.P.V. by constant percentage method (linear method). Replacement cost
is Rs. 3,50,000/-. Life : 75 years. Age : 15 years.
100
Depreciation rate %age = = 1.33 r n
75 A = P (1 - 100 )
15
1.33
A = 3,50,000 1 -
100
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Ans : d
254. A single storeyed house was constructed in 1993, cost Rs. 10,00,000/-, What is the
value in the year 2000 by cost index method of CPWD? Index in 1993 - 244, Index in
2000 - 447, Base index is 100 for 1981 .
Ans : d
255. A machine was purchased for Rs. 1,00,000/- @ 15% depreciation of SLM. What is
the written down value after 2 years?
Ans : a
256. A property has a net income of Rs. 30,000/-. One appraiser decides to use a
12 percent capitalisation rate, while a second appraiser uses a 10 percent rate. What
is the difference in appraisal value of the two valuers?
100
30,000 x = 2,50,000 3,00,000 - 2,50,000 = Rs. 50,000
12
100
30,000 x = 3,00,000
10
Ans : a
257. Lessee receives an income of Rs. 30,000 per annum. He pays Rs. 16,000/- rent to
landlord. If the lessee receives a rent of 8% return, how much the landlord will expect
his return.
350
Lessee = 8%
Lessor = 7%
(Note : Other details are not relevant)
Ans : b
258. Total age of this building is 4 years. After four years, the depreciated value is equal to
24% of the cost. Find out the percentage of depreciation (near to answer) by WDV
method.
a) 24 b) 25 c) 30 d) 35
Ans : c
259. A machine was purchased of Rs. 18,000/- before 2 years. It is sold for Rs. 16,000/-
considering 10% depreciation (of Rs. 18,000/-) per annum. The machinery was sold
for
Ans : c
260. Factory building has 1200 S.M. built-up area. Plot area is 2000 S.M. Building is
25 years old and total life is 50 years. Replacement cost today is Rs. 25000 per S.M.
Industrial plot is available for Rs. 8000 per S.M. Which of the following is the fair sale
price (ignoring savage) for the property?
25
1,200 x 25,000 x = Rs. 1,50,00,000
50
= Rs. 3,10,00,000
Ans : b
261. The W.D.V of an asset after three years of depreciation on the reducing balance method
@ 10 percent p.a. is Rs. 36,450/-. What was its original value?
36,450
= Rs. 50,000
0.9 x 0.9 x 0.9
Ans : b
262. While doing valuation for a leasehold property, this is not necessary to be seen.
Ans : d
263. When calculating the depreciation by linear method, this aspect is not considered.
Ans : d
264. While doing valuation of a commercial building by rent capitalisation method (income
approach), this aspect is not considered.
Ans : d
352
265. While doing valuation of a petrol bunk, this aspect is not considered.
Ans : d
266. While determining the joint venture ratio for the development of an apartment building,
this is not considered.
Ans : d
Ans : d
268. While determining the adequacy of the sum insured for the purpose of paying the
claim to the insurer, this aspect is not generally considered.
Ans : d
269. As per the SARFAESI Act, this property is not considered as a security to the bank.
Ans : d
353
Ans : d
271. While calculating the depreciation of a 40 years RCC roofed load bearing structure,
this aspect is not seen.
Ans : d
272. Which of the following is not a duty and function of the valuer?
Ans : c
273. While valuing assets in which the valuer is not conversant with its features ....................
Ans : b
274. Which of the following details are not required to be included in the valuation report for
present day value of an open plot of land?
a) Name of all the owners of the property and with details of share of each
coowner
354
Ans : c
275. Which one of the following actions should be done by valuer if he has knowledge of
any prior valuer having been appointed before accepting the assignment?
Ans : d
276. Which one of the following statement is the responsibility of valuer in case of value
dispute?
Ans : d
277. Valuer should endeavour to ensure that he provides true and adequate information,
because
Ans : b
355
278. Statement that valuer does not have interest in property valued appears in one of
following section of report -
a) Declaration b) Conclusion
c) Assumptions and limiting conditions d) Summary
Ans : a
279. Opinion expressed on value for the property by the valuer as an expert witness in a
valuation dispute case is .................... to the court.
Ans : b
280. Acceptance of valuation report submitted by valuer in the court does not depend of
....................
Ans : c
281. As an independent valuer, the valuer should not charge .................... fee.
a) Professional b) Success
c) Mandate d) Legal
Ans : b
282. A valuer should not use or divulge to other clients or any other party any confidential
information about the .................... company.
a) Subject b) Client
c) Public d) Listed
Ans : a
356
283. In the case of ...................., either outflow of resources to settle the obligation is not
probable or the amount expected to be paid to settle the liability cannot be measured
with sufficient reliability.
a) Liability b) Provision
c) Contingent liabilities d) Contingent assets
Ans : c
284. .................... refers to a situation where any person or a body corporate is unable to
fulfil its financial obligations (often occurring due to several factors such as a decrease
in cash flow, losses and other issues).
a) Insolvency b) Bankruptcy
c) Liquidation d) Acquisition
Ans : a
a) Deficit budget
b) Reduction in taxation
c) Contraction in volume of money or credit that results in a decline of price
level
d) Increase in public expenditure
Ans : c
286. In case of a female intestate dying without issue but leaving her husband ....................
Ans : c
Ans : d
a) TRUE b) FALSE
c) Will vary d) Need not be
Ans : c
289. X transfers Rs.500 to Y on condition that he shall execute a certain lease within three
months after V’s death, and, if he should neglect to do so to Z, if Y dies in X’s life time,
Ans : b
290. Premature termination of lease is major .................... factor affecting the value of
leasehold property,
a) Physical b) Legal
c) Social d) Economic
Ans : d
Ans : b
358
292. Cost prior to remediation specifically when no option is available except waiting for
the sanction from the authority and keeping the part of the property under non-use, is
said to be ....................
Ans : b
293. Which of the following represents getting back of capital invested in a property
Ans : c
294. Hypothetical building scheme is normally used for estimating value of ....................
Ans : b
295. According to NPV method projects that would be acceptable must have
Ans : b
Ans : d
297. Which of the following is recreational use of land under zoning regulation?
359
Ans : b
298. Project’s expected monetary loss or gain by discounting all cash outflows, using
required rate of return is classified as?
Ans : b
299. Which of the following factor is not relevant to the value estimation by considering the
highest and best use of property?
Ans : d
300. Under sec 60 of Indian succession act, who can appoint a guardian or guardians for
his child during minority?
a) Father b) Mother
c) Uncle d) Friends
Ans : a
Ans : a
b) Provide for depreciation & also to accumulate the amount for its
replacement
c) Provide for the payment of some liability
d) To accumulate the amount of its replacement
Ans : b
303. Market value of an object depends upon the future ....................that can be derived out
of it.
a) Benefits b) Demand
c) Supply d) Loan
Ans : a
Ans : b
Ans : c
Ans : d
307. Induce investment .................... with increase in income and .................... with decrease
in income
361
Ans : b
308. Under discounted cash flow method, value of the property increase with ....................
Ans : c
Ans : b
310. What do you mean by the value of an asset to a particular owner or the prospective
owner for individual investment or operational objectives?
Ans : c
Ans : b
Ans : d
362
a) The amount which Re 1 invested today will become after some time at
a certain rate of interest
b) The actual return obtain from an investment
c) So calculated that future discounted receipts and discounted payments
always show profit
d) A rate fixed by the reserve bank of India above which lending cannot be
done by any bank
Ans : b
314. Which of the following is not relevant while estimating market value of property with
improvements?
Ans : b
Ans : b
316. Which of the following is not physical factor and affects the value of the property?
Ans : b
a) Physical determination
b) Loss in value due to external factors
363
Ans : b
318. Which of the following project should an investor choose on the basis of Net present
value results?
Ans : b
319. After the institution of a suit for partition by a member of the joint family
Ans : c
320. The value generated by the income is the characteristic of .................... property
Ans : b
321. Saving function explain the relationship between .................... and ....................
Ans : c
364
322. A widow who is willed the use of family home for the rest of her natural life, with provision
that title shall pass to children upon her death holds.
Ans : b
323. When the prices of plant and machinery are to be compared, we compute ....................
Ans : b
324. Sec 70 under transfer of property act, the natural accession is addition to the security
and becoming incorporated it are subject to ....................
Ans : c
Ans : b
326. In the notes of fixed assets of a company, closing WDV + Depreciation for the year is
equal to
Ans : d
Ans : d
328. Why a valuer, or his relative should not accept gifts or hospitality which undermines or
affects his independence as a valuer?
Ans : b
329. A flat was valued by ‘A’ at Rs. 21 Lakhs and then purchaser ‘B’ purchased from seller
‘C’ said flat for Rs. 20 Lakhs with the help of broker ‘D’. In a court case about correct
sale value, which of the following is not called a ‘witness of fact’?
Ans : d
330. A building is erected on a leasehold land which has 30 years lease period. The valuer
adopting life of an RCC building on the plot at 30 years is called
Ans : a
331. Infrastructure works like augmentation of road networks & transport facilities will result
in increased ....................
Ans : b
366
Ans : c
333. Value of a property offered for immediate sale by its owner for urgent need of money
to meet with legal obligation is called ....................
Ans : b
334. Upon paying the amount of loss to the insured, the insurer steps in to the place of the
insured, taking over all his rights is called exercise of
Ans : c
335. Under LARAR Act 2013 market value of acquired land is derived from ....................
a) Circle rates
b) Higher of the two: Average Rates under sale instances and Rates fixed
for stamp duty
c) Tate determined by the collector
d) The rate at which the land was initially purchased
Ans : b
336. Sale recorded at Registrar’s office is one of the sources from where ....................
Ans : a
367
337. Which of the following statements best describes the ‘carrying value’ of an asset?
Ans : b
338. Depreciated replacement cost of building to the new owner is called .................... to
him
Ans : c
339. Sec 112 under transfer of property act for waiver of forfeiture but where rent is accepted
after the institution of a suit to eject the lessee on the ground of forfeiture, such
acceptance ....................
Ans : b
340. Under RERA, at what stage does promoter can advertise his project?
Ans : a
341. Which of the following statement is true related to obligation of insured on notification
of a claim
368
Ans : b
a) Void b) Valid
c) Free consent d) Enforceable
Ans : a
Ans : b
a) Marketable properties
b) Non-marketable non-investment property
c) Properties which are ready for redevelopment
d) Going concern business
Ans : b
345. All the property value is created by the .................... of the future benefits the property
will provide.
a) Competition b) Contribution
c) Substitution d) Anticipation
Ans : b
Ans : b
347. Capital amount paid once in order to receive an annuity of Rs. 1 for a specified period
of time at the specified rate of interest is called ....................
Ans : d
Ans : b
349. As per RERA Act under sec 10 (3) if Government acquires multi-crop irrigated land
than ....................
Ans : d
350. The factor which is not to be considered when applying the residual method of valuation
is ....................
Ans : d
370
Ans : a
352. Inadequate infrastructure in the locality results in .................... market value of property
a) Higher b) Lower
c) Stagnant d) 50 percent higher
Ans : b
Ans : c
354. An ownership flat ‘A’ with 80 S.M. Area is in building in by lane. Similar flat ‘B’ in similar
building but located on main road is recently sold at Rs. 95,000 per S.M. If weightage
for location is considered at 20 percent, which of the following will be the fair sake
price of flat ‘A’?
Ans : c
355. As per IBC, 2016, an application against the decision of the liquidator rejecting the
claim of a creditor may be made to
Ans : b
371
356. Which of the following economic activity is not in the teritary sector?
a) Banking b) Bee-keeping
c) Teaching d) Working in a call centre
Ans : b
357. In which of the following methods of depreciation, the depreciated replacement cost
of the building is directly obtained from the formula itself.
Ans : c
358. Which of the following denotes the dividend declared by the directors between two
annual general meetings?
Ans : c
359. A property fetches a leaseholder Rs. 40,000 per annum. The rent fixed to the paid to
the superior landlord is Rs. 17,000 per annum. If freeholder expects a return of 8 percent,
then the leaseholder should expect a rate as indicated below so that he makes a
reasonable profit.
Ans : a
360. Value of a property depends upon the future .................... that can be derived out of it.
a) Benefits b) Demand
c) Supply d) Cost
Ans : a
361. When there are only few sellers of the commodity, the market is called
372
a) Monopoly b) Duopoly
c) Oligopoly d) Monopsony
Ans : c
Ans : b
363. As per sec 60A under transfer of property act, Where a mortgagor is entitled to
redemption he may require the mortgage, instead of re-transferring the property, to
assign the mortgage debt and transfer the mortgaged property to such third person
as the mortgagor may direct than the mortgagee.
Ans : b
364. Supply and demand is considered as .................... aspect affecting the value of the
property.
a) Physical b) Social
c) Economic d) Legal
Ans : c
365. Whenever there us a provision to the effect ‘that the court shall presume a fact’ the
court ..................... It is compelled to take the fact as provided, i.e., it shall have to
presume the fact.
Ans : c
373
366. Which of the following mathematical formula is used to find out Years Purchase for
annuity receivable in perpetuity?
Ans : a
a) Bankruptcy b) Insolvency
c) Liquidation d) Acquisition
Ans : a
Ans : d
369. The plots which is connected to main road through a passage is called ....................
Ans : d
Ans : a
a) Company b) Individual
c) Partnership d) Society
Ans : d
a) Smith b) Marshall
c) F.A.Walker d) Robbinson
Ans : c
373. The real GDP is measured in .................... prices & nominal GDP is measured in
.................... prices
Ans : a
Ans : c
375. Under transfer of property act, the immovable goods does not include :
Ans : c
376. When the Mortgager right to redeem accrues, the Mortgagee has a right to enforce
....................
375
Ans : d
Ans : c
Ans : c
379. Which of the following can be transferred under the Transfer of Property Act?
Ans : a
380. ‘A’ leases land to ‘B’ on condition that he shall walk a hundred miles in an hour. The
lease is ....................
a) Valid b) Void
c) Voidable d) Illegal
Ans : b
381. Which of following statement is true regarding Hindu succession (amendment) Act
2005.
376
Ans : a
382. When the result of a combination of two or more assets or interests where the combined
value is more than the sum of the separate values is known as -
Ans : b
a) Fact b) Principle
c) Continuous process d) One time process
Ans : c
Ans : d
385. Under which of the valuation approach, future cash flows from property will yield to
capitalized value of property?
Ans : b
377
386. Under Sec 58 of Indian Easements Act the grantor cannot render the property which is
a) Safe b) Unsafe
c) Dangerous d) Unsafe & dangerous
Ans : d
387. Annual Sinking fund to be set aside each year for recouping Rs 1 at the end of
6 years, at 5 percent rate of interest is represented by formula ....................
Ans : a
388. The important criteria for the selection of the best land in the town is ....................
Ans : c
389. Which of the following method of valuation is normally adopted to estimate value of
land in the locality where there are absolutely no instances of land sales available.
Ans : d
390. Which of the following is not a natural attribute of a land, but artificially created by
man?
a) Benefits b) Location
c) Tenure d) Frontage
Ans : c
391. Costs due to extra supervisory personnel, additional testing, careful monitoring as
well as security is known as ....................
378
Ans : a
392. Which of the following distinguish Investment in Real estate vis-à-vis other forms of
investment.
Ans : b
393. Which out of the following is not a factor that affects demand & supply or real estate?
Ans : d
394. Under sec 61 of Indian succession Act, A will or any part of a will, which has been
caused by fraud and which takes away the free agency of the testator, is ....................
a) Illegal b) Valid
c) Voidable d) Void
Ans : d
395. The building cost index is worked out by the CPWD on the basis of ....................
Ans : b
379
396. Utility means existing and anticipated .................... due to ownership & use of property
a) Marketability b) Scarcity
c) Transferability d) Benefits
Ans : d
a) Movable
b) Immovable property
c) Both movable & immovable property
d) Neither movable & immovable property
Ans : a
398. The value of the rent Controlled properties will have .................... value than vacant
property.
Ans : d
Ans : b
400. In case of .................... of contract, the motive (intention) for the breach is immaterial.
a) Breach b) Failure
c) Recession d) Cancellation
Ans : b
401. Under sec 59 of Indian Succession Act, A person who is ordinarily insane may make
a will
380
Ans : c
402. Gift to two or more donees, of whom one does not accept it is ....................
Ans : b
403. The mortgager in Indian law who had parted with some right of ownership and the right
of redemption is a right which he exercises by virtue of his ....................
Ans : b
404. Which valuation methodology should be used to calculate the market value of vacant
building excluding land?
Ans : b
405. Under adjustment grid model, for sale instance premises having .................... positive
weightage is considered on sale rate, while comparing with subject premises having
standard specification?
Ans : d
381
406. Accumulative rate of interest is considered at .................... rate than remunerative rate
because higher security for accumulation of capital is needed.
a) Lower b) Higher
c) Same d) Double
Ans : a
407. Which of the following represents the year purchase for Rs.1 with remunerative rate of
interest at 8% and annual sinking fund amount to be set aside for recouping Rs .1 is
0.021.
a) 1 / (0.08+0.021) b) 0.021/0.08
c) (0.08+0.021) / (0.021) d) 1/(0.08-0.021)
Ans : a
408. Which one of the following is not essential element of the basic concepts of valuation
of immovable property?
a) Scarcity b) Transferability
c) Safety of assets d) Utility
Ans : c
409. ‘A’ owes B Rs. 1000 payable on 1st December 2017 with interest. On 1st June 2017
A offers to pay the amount with interest up to 1st of June 2017.
Ans : a
a) Receive profit rent from the property for the unexpired period of the lease
b) Receive lease rent for the unexpired period of lease
c) Receive lease rent for the economic life of the building.
d) Receive lease rent for the physical life of the building.
Ans : b
382
411. Which of the following is not a criterion in determining the highest and best use of
land?
Ans : d
412. Marriage value (also often referred to as synergic value) in valuation basically
means ....................
Ans : c
413. The important criteria for the selection of the best land in the town is
Ans : c
414. Which one of the following is not the characteristic of real estate market?
Ans : b
a) Misrepresentation b) Fraud
c) Incomplete information d) Wrong information
Ans : b
383
416. Which of the following is not to be considered while estimating Market value of the
property?
a) Utility b) Benefits
c) Transferability d) Distress of buyer/ seller
Ans : d
417. Cost of creating a new building having identical utility and performing similar function
as being performed by the existing old asset is called as -
Ans : a
418. Economic life of a RCC roofed load bearing building is normal considered as
....................
Ans : b
419. Under what circumstances, tenant can change the user of the tenanted premises.
Ans : b
Ans : c
384
421. Rent control Act, Transfer of property Act, development control rules and building
Bye-laws, and laws governing the land are .................... which affect the value of property.
Ans : d
422. Under sec 63 of the Indian easements act, the licensee’s has a right on revocation
which means.
Ans : a
423. Which of the following development control rules have effect on intensity of use of
land?
Ans : b
424. Where rent reserved in an occupational lease is less than the full rental value, it is
called ....................
Ans : a
Ans : c
385
a) Fundamental b) Statutory
c) Constitutional d) Human
Ans : c
427. Number of years for which a new asset is profitably used for its intended purpose is
known as ....................
Ans : a
Ans : c
429. An investment pays Rs. 300 annually for five years, with the first payment occurring
today. The present value (PV) of the investment discounted at a 4% annual rate is
approximately ....................
Ans : b
430. Where a coparcenary consists of several branches and a partition takes place
Ans : a
386
431. A valuer should co-operate and be available for .................... and investigation carried
out by the concerned authority
a) Inspection b) Scrutiny
c) Alliance d) Argumentation
Ans : b
432. Valuer should adopt .................... rate of capitalization if income flow is safe & secured.
a) Lower b) Higher
c) Same rate as lending rate of bank d) Interest rate of his own choice
Ans : a
433. Which of the following is not in relevant factor while estimating depreciated replacement
cost of a building?
Ans : c
434. Not true with respect to valuation of Joint venture development of property
Ans : c
Ans : c
387
Ans : c
a) Demand b) Price
c) Utility d) Cost
Ans : d
438. Opinion expressed on value of the property by valuer as expert witness in a valuation
of dispute case is .................... to the court.
Ans : b
439. Infrastructure works like augmentation of road networks & transport facilities will result
in increased ....................
Ans : b
a) cost b) price
c) value d) Loss
Ans : c
441. Adverse changes to demand for the product or services produced by an asset will
result into ....................
388
a) Physical b) Functional
c) Economic d) Legal
Ans : c
a) Location b) Size
c) Accessibility d) payable by seller of comparable
Ans : d
a) HABU b) Competition
c) Surplus productivity d) Contribution
Ans : a
444. Sec 107 under transfer of act, a lease of immovable property from year to year, or for
any term exceeding one year or reserving a yearly rent, can be made only by
Ans : b
Ans : a
446. Fully developed land with fully tenanted building occupied by the protected tenants by
.................... of valuation
Ans : d
447. Which is the most appropriate method of valuation for an income generating
commercial asset?
Ans : d
448. Which of the following need not form part of the valuation report if fully tenanted property
is offered for sale by the user of the report?
Ans : a
449. The property falling in the locality lacking in the infrastructure will .................... with the
value of the property
a) Increase b) Decrease
c) Stabilize d) Have no relation with
Ans : b
* * *
390
1. The price elasticity of demand measures the change in the quantity demanded of a
service in relation to a change in its price when nothing but the ___________ changes.
a) price
b) cost
c) quality
d) value
Ans.(a)
3. A market which has only one seller selling a homogeneous product to many buyers, is
known as _______.
a) Monopoly
b) Oligopolistic
c) Perfect Competition
d) Monopolist Competition
Ans.(a)
8. If a person has an income of Rs.30000 and his consumption is Rs.10000, then his
propensity to save is____.
a) 1.33
b) 0.33
c) 0.67
d) 1.50
Ans.(c)
10. How are Gross Domestic Product (GDP) and Gross National Product (GNP) related?
a) GNP = GDP – NR + NP
b) GNP = GDP + NR - NP
c) GNP = GDP + EX - IM
d) GNP = GDP -EX + IM
Ans.(b)
13. For a real estate construction company, which of the following are not part of Profit
and Loss Statement?
a) Revenue from apartment sales
b) Interest paid to lenders
c) Cash deposited in bank
d) Depreciation expense
Ans.(c)
14. Proposed dividend is shown in the Balance Sheet of a company under the head _____.
a) provisions
395
15. Difference between variable cost per unit and selling price can be classified as______
margin per unit.
a) contribution
b) gross
c) net
d) profit
Ans.(a)
19. In case of a ___________, the duty is one imposed by the law and is owed to the
community at large.
a) contingent contract
b) cecile agreement
c) government tender
d) tort
Ans.(d)
20. As per section 36 of the Insolvency and Bankruptcy Code, 2016, the liquidator shall
hold the liquidation estate ___________.
a) as an agent of debtor
b) as an agent of committee of creditors
c) as a fiduciary for the benefit of all the creditors
d) as a fiduciary for the benefit of all the stakeholders
Ans.(c)
396
21. Section 231 (2) of the Companies Act, 2013 empowers a tribunal to __________, if it
is satisfied that the compromise sanctioned under section 230 cannot be implemented
satisfactorily, and the company is unable to pay its debts as per the scheme.
a) wind up the company
b) restructure the debt
c) call for rearrangement
d) replace the management
Ans.(a)
23. When numbers are associated with weights, then obtained mean is said to be _______.
a) weighted arithmetic mean
b) harmonic mean
c) standard mean
d) geometric mean
Ans.(a)
24. If two events A and B are mutually exclusive, the probability of occurrence of either A
or B is__________.
a) difference between individual probabilities of A and B
b) sum of the individual probabilities of A and B
c) always 1
d) one minus sum of the probabilities of A and B
Ans.(b)
25. Gradual shifting of a time series over a long period of time is called as __________.
a) periodicity
b) cycle
c) regression
d) trend
Ans.(d)
26. Technology that permits safe, efficient, and inexpensive clean-up of contaminants in
property tends to minimise _________ in asset value.
a) decrease
b) increase
c) fluctuations
d) variations
Ans.(a)
27. Which planning provision is required around the battery limit of industry and for
industry having odour problem?
a) No development zone
b) Green belt
397
28. Which of the following is not covered under the Indian Forest Act, 1927?
a) Reserved forest
b) Village forest
c) Protected forest
d) Prohibited forest
Ans.(d)
29. Which of the following legislations does not provide for pollution control?
a) The Water (Prevention and Control of Pollution) Act, 1974
b) The Air (Prevention and Control of Pollution) Act, 1974
c) The Environment (Protection) Act, 1986
d) The Technology (Transfer of Abuse) Act, 2007
Ans.(d)
30. A valuer shall act with objectivity in his professional dealings by ensuring that his
decisions are made ________.
a) without the presence of any bias
b) with coercion
c) with confidence
d) with undue influence of any party
Ans.(a)
31. A valuer, while respecting the confidentiality of information acquired during the course
of performing professional services, shall maintain proper working papers for a period of
______.
a) 3 years
b) 2 years or such shorter period as required in its contract for a specific valuation
c) 3 years or such longer period as required in its contract for a specific valuation
d) 2 years
Ans.(c)
34. Under the Right to Fair Compensation and Transparency in the Land Acquisition and
Rehabilitation Act, 2013, market value is decided by the collector as per________.
a) circle rate/guidelines rates of last 5 years
b) the average of the sale price for similar type of land being acquired, ascertained from
the highest fifty per cent of the sale deeds registered during the preceding three years
in the nearest village or nearest vicinity of the land being acquired
c) purchase price of adjoining land
d) purchase price paid by the owner at the time of purchase of land which is to be acquired
Ans.(b)
35. Which of the following would have effect on development potential and values of
properties?
a) Floor space index
b) Ownership pattern
c) size and height of rooms
d) provision of utility services in a building
Ans.(a)
37. As per the Real Estate (Regulation and Development) Act, 2016, what percentage of
collections needs to be deposited by developers in Escrow accounts towards the cost of
construction including that of land?
a) 50%
b) 60%
c) 70%
d) 80%
Ans.(c)
38. As per the Transfer of Property Act, 1882, immovable property includes ______.
a) furniture
b) growing crops
c) grass
d) things permanently fastened to anything attached to the earth
Ans.(d)
a) simple interest
b) diminishing interest
c) vested interest
d) contingent interest
Ans.(d)
399
40. A mortgage is a transfer of an interest in a specific immovable property for the purpose
of securing __________.
a) the payment of money advanced by way of loan
b) fully paid up debts
c) transfer of ownership of property
d) transfer of rights to sublease
Ans.(a)
41. A gives Rs. 5,00,000 to B on condition that he shall marry A’s daughter C. At the date
of transfer, C was dead. The transfer is void ______.
a) it is forbidden by the law
b) court regards it as immoral or opposed to public policy
c) it is impossible to fulfil the condition
d) it is immoral transfer
Ans.(c)
42. The Hindu Succession Act, 1956 does not apply to ______.
a) a follower of the Arya Samaj
b) a Sikh by religion
c) a child both of whose parents are Jains by religion
d) a person who is a convert to Christian
Ans.(d)
43. Which of the following items cannot be transferred under Inheritance/Succession laws
in India?
a) Personal movable property
b) Jewellery
c) Property not owned by self
d) Personal belongings
Ans.(c)
45. The value at the end of utility period of the asset without being dismantled is called
____ value.
a) salvage
b) realisable
c) scrap
d) junk
Ans.(a)
d) use
Ans.(d)
47. Which of the following factor is not physical yet affects the valuation of the subject
property?
a) Damages to the building
b) Gross Domestic Product
c) Property location
d) Neighbourhood properties
Ans.(b)
49. The price that would tend to prevail in a free, open and competitive market on the basis
of equilibrium set by the forces of demand and supply is called ______.
a) value in exchange
b) value in use
c) optimum value
d) realisable value
Ans.(a)
51. A fund formed by setting aside an annual recurring amount for a given period of time
to recoup capital invested in a landed property is called ____.
a) sinking fund
b) annual amount of Rs. 1
c) annual value
d) investment value
Ans.(a)
52. A project requires an investment of Rs.10 lakh and has an NPV of Rs.16 lakh. What is
its profitability index?
a) 1.0
b) 1.6
c) 0.6
d) 3.2
Ans.(b)
53. Which one of the following best defines Annual sinking fund?
401
55. Which one of the following is not a characteristic of real estate market?
a) No Free flow of information
b) It is imperfect market
c) It is perfect investment market
d) Heterogeneity
Ans.(c)
57. Under rent capitalization method, value of the property increases with_______.
a) higher property tax
b) higher capitalization rate
c) lower capitalization rate
d) longer duration
Ans.(c)
58. In case the unexpired period of lease is too long then reversionary value would be___.
a) negative net present value
b) zero
c) negligible
d) less than zero
Ans.(c)
59. Which among the following is not a factor affecting market rent?
a) City
b) Location
c) Type of building
d) Turnover of the lessee
Ans.(d)
60. In relation to a lease agreement, the actual rent specified in the lease is called _____.
a) contractual rent
402
b) effective rent
c) negotiated rent
d) standard rent
Ans.(a)
63. For which of the following, profit method of valuation is most appropriate?
a) Vacant Land
b) Petrol pump
c) Residential Home
d) School
Ans.(b)
66. Which of the following is not a source from which sale instances of immovable property
in a particular locality can be collected?
a) Sales record at the registrar’s office
b) Advertisements in newspapers
c) Auction sale information from different authorities
d) Share market
Ans.(d)
67. The residual income from real estate available to land is representative of the principle
of_______.
403
a) surplus productivity
b) balance
c) increasing and decreasing returns
d) consistent use
Ans.(a)
68. Which of the valuation method is generally used for carrying out valuation of large
plots when sale instances of large size plots in the locality are not available?
a) Sales comparison method
b) Hypothetical plotting scheme
c) Hypothetical building scheme
d) Adopting rental instances
Ans.(b)
70. Actual survival life of the building before it collapses is called the _____.
a) useful life
b) economic life
c) physical life
d) residual life
Ans.(c)
71. Asset which has become outdated mainly due to the planning and designing being
unsuitable for present day requirement of the user is an example of ___________.
a) technological obsolescence
b) economic obsolescence
c) functional obsolescence
d) both technological obsolescence as well as economic obsolescence
Ans.(c)
72. Depreciated Replacement Cost is market value of special purpose industrial plant
building subject to potential______.
a) profitability
b) cost
c) price
d) value
Ans.(a)
73. Which one of the following valuation methodology is most appropriate for valuing a
non-income generating residential bungalow?
a) Discounted Cash Flow Method
b) Sales Comparable & Depreciated Replacement Cost Method
c) Profit Method
d) Direct Capitalization Method
404
Ans.(b)
74. While carrying out valuation of property for bank finance, which of the following is not
to be taken into consideration?
a) Age of the building
b) Rent fetching capacity of the property
c) Economic obsolescence
d) Amount of loan
Ans.(d)
75. The income chargeable under head ‘capital gains’ is computed by deducting the
___________ from the full value of the consideration received as a result of transfer of the
capital asset __________.
a) expenditure incurred wholly and exclusively in connection with such transfer
b) expenditure incurred wholly and excessively after such transfer
c) indexed cost of repairing to be carried out
d) index cost of any improvements carried out after such transfer
Ans.(a)
76. Under the provision of the Securitisation and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002, enforcement of security interest means
__________.
a) sale of assets of the borrowing party by the bank
b) sale of charged assets by the secured creditor through the Debt Recovery Tribunal
c) sale of charged assets by the secured creditor without court intervention
d) getting bank's charge registered with central registry
Ans.(c)
77. If owner of plot A with house has a right of way over his neighbour’s plot B for
beneficial enjoyment of house, owner A is called ____.
a) co-owner
b) dominant owner
c) joint owner
d) servient owner
Ans.(b)
79. Which return would you adopt as base while determining appropriate rate of the net
profit, unless it is otherwise found unsuitable?
a) The return from investments in stock and shares
b) The return from gilt-edge security
c) Interest paid in the saving account
d) The return from investment in gold
Ans.(b)
405
80. Which of the following judgements recognises the concept ‘Valuation is an art, not an
exact science. Mathematical certainly is not demanded, nor indeed is it possible.’.
a) K.P. Varghese vs ITO (1981) 131 ITR 597 (SC)
b) Gold Coast Trust Ltd. vs Humphray (1949) 17 ITR 19
c) Rustam C Cooper vs Union of India AIR 1970 SC 564
d) Hays Will Trust vs Hays and Others (1971) 1 WLR 758
Ans.(b)
81. Which of the following is expressed by a valuer while giving expert evidence in the
examination-in-chief in the court?
a) Opinions regarding values with reasoning
b) Evidence of facts
c) Answers without reasoning
d) Answers only in ‘yes’ or ‘no’
Ans.(a)
82. In context of the property insurance, which of the following is a human peril?
a) War
b) Age of the Property
c) Cyclone Facade
d) Upliftment
Ans.(a)
83. An insurance policy generally allows one to value the respective building and/or
contents by-____
a) Internal Rate of Return
b) Replacement Cost
c) Floor space index
d) Ground Coverage
Ans.(b)
84. A fire broke out in Hemant's factory and damaged half of the stock which was to be
shipped to a nearby cloth dealer. His fire insurance policy had the average clause in it. Actual
value of the stock: Rs.3,00,000, Sum insured for the stock: Rs.2,00,000, Loss incurred:
Rs.1,50,000 (As half the stock was destroyed). The claim amount will be Rs. ______.
a) Rs.1,00,000
b) Rs.3,00,000
c) Rs.2,00,000
d) Rs.1,50,000
Ans.(a)
85. When insurable amount is lower than ‘value at risk’, it is called ______.
a) over insured
b) fair insurable amount
c) fair premium for insurance
d) under insured
Ans.(d)
406
86. Upon paying the amount of loss to the insured, the insurer steps into the place of the
insured, taking over all his rights. It is called exercise of __________.
a) right of reinstatement
b) right of contribution
c) right of subrogation
d) right to salvage
Ans.(c)
87. Where the opinion of an expert is required for litigation in valuation, the report ____.
a) must rely on requirements imposed by the local authority where the property is located
b) rely on requirements imposed by the local authority where the Client is registered
c) rely on requirements imposed by the local authority of the registered office of the
lawyer
d) rely on requirements imposed by the local authority of the registered office of the reliant
party
Ans.(a)
88. While valuing assets where the valuer is not conversant with its features, __________.
a) it is advisable to engage the services of an expert and the signed report of the expert be
made a part of valuation report
b) it is advisable to engage the services of an expert and his report need not be made a part
of valuation report
c) he can privately seek the services of such expert and need not disclose in the report
d) it is enough to mention in report about details of expert engaged.
Ans.(a)
A business man purchased a plot of 1000 Sq.mt. in a posh locality of a city in the year 1987 for a price
of Rs. 30,00,000. In the year 1988, he constructed a residential bungalow having 300 Sq.mt. built up
floor area at ground level and 100 Sq.mt. built up area at first floor level at the cost of Rs. 14,00,000.
Prevalent replacement cost of similar bungalow as on today is Rs. 30,000 per Sq.mt. Prevalent land
price in the locality at present is Rs. 60,000 per Sq.mt. Age of building is 30 years and the total life of
the building is 60 years.
89. What will be the depreciation amount of the bungalow by adopting straight line method
of depreciation and considering scrap value at 10 % ?
a) Rs.60,00,000
b) Rs.54,00,000
c) Rs.45,00,000
d) Rs.12,00,000
Ans . (b)
90. What will be the depreciation amount of the bungalow by adopting constant percentage
method of depreciation?
a) Rs.54,00,000
b) Rs.47,37,600
c) Rs.60,00,000
407
d) Rs.54,46,000
Ans. (b)
a) Rs.240,00,000
b) Rs.600,00,000
c) Rs.480,00,000
d) Rs.410,00,000
Ans. (b)
92. What will be the total market value of the bungalow property for the bank loan purpose?
a) Rs.600,00,000
b) Rs.666,00,000
c) Rs.612,00,000
d) Rs.566,10,000
Ans (b)
a) 60 years
b) 30 years
c) Zero
d) 45 years
Ans. (b)
94. Which of the following will not be considered for the estimation of present market value of
above property?
a) Deprecation
b) Current Replacement cost of the building
c) Economic obsolescence
d) Current land rate
Ans. (c)
****
408
Part - VIII
a) 01.04.1981 b) 01.04.2001
c) 01.04.1972 d) 01.04.2017
Ans : b
Ans : c
3. A person seeks an income of Rs. 1,000 per annum from an investment. He wishes
this is to be an 8% return on his investment. What is the amount he has to invest?
Ans : c
Ans : d
Ans : b
r n
6. A=P(1- ) - this formula is to find the
100
Ans : a
Ans : c
Ans : a
a) 10 to 15% b) 15 to 20%
c) 20 to 25% d) 25 to 30%
Ans : a
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a) Vista b) Elevation
c) Clear view d) Excellent
Ans : a
11. Belting theory method and Hypothetical plotting scheme (method) of valuing land
are corollaries of
Ans : b
12. Loss in service value due to usage of an asset and passage of time - this is called
as
a) Appreciation b) Depreciation
c) Escalation d) Depletion
Ans : b
13. An asset is put into inferior usage of residence instead of commercial use - this is
called as
Ans : b
Ans : c
Ans : b
16. Workout N.P.V. of a building having 20 years of age and 60 years of total life. Its
replacement cost as on today is Rs. 4,30,000/-. Salvage value 10%. Adopt SLM
Ans : c
17. In this method, rate of depreciation is adopted as prescribed in Income tax Act -
This is called as
Ans : a
18. Vyagramukhi plot has .............. front width along the road and ............. width in the
rear side.
Ans : a
19. The mortgager delivers possession of the property to the mortgagee. The
mortgagee receives rent and profits from the property and retains the possession
till the full mortgage money is paid. This mortgage is called as
Ans : c
20. Additional securities pledged to the bank in addition to the primary security are
called as
415
Ans : b
21. It is an estimate of the price of the property would fetch in open market on ‘as is
where is basis’ in a short possible time is called as
Ans : c
Ans : a
Ans : a
24. Reverse mortgage scheme (RMS) was introduced in 2007 for the benefit of
Ans : a
25. A right granted by a land owner to an owner of another property for non-exclusive
use of a portion of the land of a specific purpose or enjoyment of certain rights, is
called as
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Ans : b
26. According to this concept, the ownership of a particular property or a flat is held for
a specified period of time during a year. This is called as
Ans : a
Ans : a
28. This approach is generally recommended for the non-income fetching marketable
properties.
Ans : b
29. Sometimes property owners expect some likely changes in government and
expect the value of their property to rise in the near future. Such value is called as
Ans : a
30. Temple property is not marketable, yet it has got value, we may call it as
417
Ans : a
31. The assets which cannot be seen or touched but its effect can be notionally seen
and felt - They are called as
Ans : a
32. Reservation under different Acts, Height restriction rules near the airport area, safety
distance rules from High tension lines, railway tracks, highways, water courses are
some of the ............. factors affecting the value.
Ans : d
Ans : a
34. Many a times, use of ‘cut’, ‘copy’ and ‘paste’ functions in computer make valuers
lazy about report writing which may result in enquiry by ................
a) Clients b) User
c) Investigation agency like d) Lawyer
CBI, Policy, etc.
Ans : c
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35. While estimating the market value for mortgage, a valuer should consider himself
to be ..............
a) a lawyer b) a mortgage
c) a mortgagor d) both mortgagor and mortgagee
Ans : d
36. It means reduce in numbers of exhaust. It is the word applied to the consumption of
natural resources. Typical examples are natural gas, oil, coal, gravel
a) Depreciation b) Depletion
c) Exhaust d) None of the above
Ans : b
37. The Doctrine of Unearned Increase was enunciated because of a famous court
judgement. Select the correct judgement.
a) CIT vs. Smt. Ashima Sinha (1979) 116 ITR 26 (Calcutta), 1980 Tax 56(1) 19
(Calcutta).
b) Commissioner of Wealth Tax, New Delhi vs. Sri P.N. Sikand (1977) 107 ITR
922 (SC).
c) Controller of Estate Duty vs. Radha Devi Jalan (1968) 67 ITR 761, Calcutta
High Court.
d) C.W.T. vs. Venugopal Konar&Ors. (1977) 109 ITR 52, Madras High Court.
Ans :
38. The landmark judgement, Commissioner of Wealth Tax, New Delhi Vs. Sri P.N.
Sikand (1979) 107 ITR 922 (SC) states that:
Ans :
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39. The most common reason for value differing from price is that buyer/ seller is
uninformed as to what a property’s market value is but agrees on a contract at a
high or cheap price. In this case, the valuer has to .......................
Ans : b
Ans : b
41. Real estate has some ....................... and, therefore, has a value.
a) Profit b) Immobility
c) Characteristics of d) Use
non-marketable and
non-investment property
Ans : d
42. The price that would tend to prevail in a free, open and competitive market on the
basis of equilibrium set by the forces of demand and supply is called .......................
Ans : a
43. Which one of the following is not a characteristic of real estate market?
Ans : c
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Ans : d
45. In a condominium the common area rights like lifts, staircase and pavements are
called as
a) Co-Ownership b) Concurrent Ownership
c) Duplicate Ownership d) Contingent Ownership
Ans : b
46. The ....................... to value is most useful in determining insurable value, and cost
to construct a new structure or building
Ans : a
47. Which of the following would have effect on development potential and values of
properties?
Ans : a
a) Value b) Price
c) Cost d) Worth
Ans : b
49. Which one of the following valuation methodology is most appropriate for valuing a
non-income generating residential bungalow?
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Ans : b
Ans : a
51. Since comparable sales are not identical to the subject property, adjustments may be
made for
Ans : d
Ans : a
Ans : d
Ans : b
55. An old residential building in a centrally commercial area in the heart of the city can be
termed as
Ans : c
56. Actual survival life of the building before it collapses is called the ........................
Ans : c
57. Asset which has become outdated mainly due to the planning and designing being
unsuitable for present day requirement of the user is an example of ........................
Ans : c
58. The attributes can be the deciding factor to have precise market on the property value,
when comparing the sales instances and these attributes decides the market value of
a specific property and
Ans : d
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59. In Evaluation grid the first principle attribute to be considered and has more weightage
in determining the market value
Ans : c
60. ....................... method is resorted to value a large sized plot for comparable in market
with smaller plots.
Ans : b
61. In the joint venture agreement, which are the factors affecting on the market value
aspects?
Ans : d
62. DCF technique applies market-supported yields (or discount rates) ....................... to
arrive at a present value indication
Ans : c
63. The rate of interest for Capitalization is ....................... to the degree of security
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Ans : d
a) Perpetual b) Terminable
c) Annual d) None
Ans : a
65. As the unexpired period of lease increases, the capital value after reversion goes on
.......................
a) Increasing b) Decreasing
c) Without changing d) Negligible
Ans : d
66. Profit method used for trading properties where evidence of rates is slight, such as
hotels, restaurants and gas filling stations by adopting .......................
a) Three-year average of net income (as per profit and loss or income
statement) and capitalized using an appropriate yield
b) Five-year average of net income is capitalized using an appropriate
yield
c) Future income to be derived
d) None of the above
Ans : a
67. Under rent capitalization method, value of the property increases with .......................
Ans : c
68. As per which Section of Transfer of Property Act are against those provisions of
Mohammedan law?
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Ans : c
a) No writing is necessary
b) Delivery of possession is essential
c) No writing is necessary, but delivery of possession is essential
d) Writing is necessary and delivery of possession is not essential
Ans : c
a) Non-testamentary instrument
b) Testamentary instrument
c) Both testamentary and non- testamentary instrument
d) None of the above.
Ans : a
71. Under the Transfer of Property Act, 1882, the term “attested” means
Ans : a
72. Within the meaning of provisions of the Transfer of Property Act, 1882, the immovable
property does not include:
Ans : c
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73. Under section 16 of the Transfer of Property Act, 1882 where an interest created for
the benefit of a person or class of persons fails then:
a) Any interest created in the same transaction intended to take effect after
or upon failure of such prior interest also fails
b) Any interest created in the same transaction and intended to take effect
after or upon failure of such prior interest does not fail
c) Such failure does not affect
d) None of the above
Ans : a
74. According to the provisions of section 19 of the Transfer of Property Act, 1882
a) The vested interest is not defeated by the death of the transferee before
he obtains possession
b) Vested interest is defeated by the death of transferee before he obtains
possession
c) No such provision is made
d) None of the above.
Ans : a
75. Under the provisions of section 6 of the Transfer of Property Act, 1882, a right to future
maintenance
Ans : b
Ans : b
77. According to the provisions of the Transfer of Property Act, 1882, an easement cannot
be transferred apart from the dominant heritage
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Ans : a
78. Under the provisions of the Transfer of Property Act, 1882, right to sue
Ans : b
Ans : a
80. Document is not necessary if value of immovable property is less than .......................
Ans : a
81. In mortgage contract any condition that prevents the mortgagor from getting back his
property after the mortgage debt has been paid will be .......................
a) Invalid b) valid
c) void d) voidable
Ans : a
82. At any time after the principal money has become due the mortgagor has .......................
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Ans : a
Ans : d
Ans : d
85. A lease of immovable property from year to year or exceeding can be by .......................
Ans : c
86. Head lessee subleases the property and he receive the rent and it is called as
.......................
Ans : a
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87. A gift to two or more donees of whom one does not accept it. Then the gift is
.......................
Ans : a
88. If owner of plot A with house has a right of way over his neighbour’s plot B for beneficial
enjoyment of house, owner A is called .......................
Ans : b
Ans : d
Ans : d
91. Under Section 57of Easement Act, Grantor’s duty to ....................... defects
Ans : a
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92. Under Section 58 of Easement Act, the grant control render the property, which is?
a) Safe b) Unsafe
c) Danger d) Unsafe and danger
Ans : b
93. Under Section 61 of Easement Act, Revocation of the licensed property is .......................
Ans : a
94. The Real Estate Act (RERA) makes it mandatory for commercial and residential real
estate projects, before launching the project, where with .................... has to register
with RERA.
a) land area is over 500 square metre or proposal for 8 building units
b) 500 square metre of land area only
c) proposal for 8 building units only
d) land area less than 500 sqm is also required to register
Ans : a
95. For ongoing projects which has not completed or have not received completion
certificate on the date of commencement of RERA Act will have to seek registration
...................
Ans : b
96. Are commercial or community facilities that are provided within the real estate project
can be ...................?
a) sold separately
b) cannot be sold separately
c) can be with the promoter
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Ans : d
97. Under Section 14, can the promoter modify, amend sanctioned plan during execution?
Ans : a
98. What is the period for which the promoter is liable for any structural defects, Section
14(2)?
a) 5 years b) 4 years
c) 3 years d) 2 years
Ans : a
99. Under section 13, any promoter shall accept ................... as an advance payment,
from a buyer?
Ans : a
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100. As per Section 4(2) (l) (D, it is obligatory for promoters to deposit in a separate account
to cover the cost of land and construction a sum of ................... the money collected
from buyers for a particular project
Ans : a
101. Whether the promoter can entertain a court proceedings and can get an injunction?
a) As per Section 79, no civil court shall have jurisdiction to entertain any
suit or proceeding in respect of any matter which RERA
b) Appellate Tribunal is empowered by or under this Act to determine and
no injunction shall be granted
c) Both (a) & (b) are correct
d) No such regulation
Ans : c
102. As per MORD Notification dated 9th February, 2016, in sub-section (1) of section 46
of the said Act, the limit is ................... for its own use
Ans : c
103. For a where a private company purchases land for rehabilitation and resettlement
under the Act would apply to land ...................
Ans : c
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104. Exercise :
A client wants to purchase a petrol bunk outlet situated on the main road in the center of town.
The main road has traffic of 300 PCU. For the land, the company pays the rent
Rs. 4,00,000/ per annum. Total income from sale of petrol and diesel and other items is Rs.
2,00,00,000/-. Property tax Rs. 50,000/6 months. Staff salary and other out goings are Rs.
60,000/ per month. Other expenses for running the business is Rs. 1,70,00,000/-. Rate of
capitalisation is 12%.
Question :
Answers :
Given data :
Solution :
100
4.0. Years purchase = = 8.5 (4)
12
6.0. Value
... The amount that can be paid for the = Rs. 2.15 crores (6)
purchase of the bunk
* * *
435
i) Total population
ii) Total number of persons earning
iii) Total male population
iv) Total Adult population
Ans : i
2. Propensity to consume is _________ of income used for consumption
i) Amount
ii) Percentage
iii) Total
iv) None of the above
Ans : ii
3. In India, different income classes (EWS/LIG/MIG/HIG) represent ________
distribution of national income
i) High
ii) Medium
iii) Unequal
iv) Equal
Ans : iii
4. National Product is summation of _______
i) Import
ii) Export
iii) Domestic production
iv) All the above
436
Ans : ii
6. Industry sector is generally ___________ intensive
i) Labour
ii) Capital
iii) Land
iv) Profit
Ans : ii
7. Nominal GNP measures gross output of an economy at current prices; Real GNP
measures gross output of an economy at ________
i) Current year
ii) Year of independence
iii) 2000
iv) Base year
Ans : iv
8. Saving is __________
i) Less
ii) More
iii) Moderate
iv) None of the above
Ans : ii
10. If a person has an income of Rs.30000 and his consumption is Rs.10000, then
his propensity to save is____.
i) 1
ii) 0.33
iii) 0.67
iv) 3
Ans : iii
11. WDV stands for
437
i) Journal
ii) Ledger
iii) Journal Proper
iv) Cash book
Ans : iii
13. Arrange the steps of accounting in sequential order -
(a) Trial Balance;
(b) Journal Entry;
(c) Balancing of Accounts;
(d) Ledger Posting.
i) abcd
ii) bdac
iii) cadb
iv) bdca
Ans : iv
14. At breakeven point
ii) Judgement
iii) Trail
iv) None of the above
Ans : i
17. Transfer of Property Act, 1882 requires registration of all such deeds which
purport to transfer real estate of value --------
i) Principal Arbiter
ii) By majority
iii) All the Arbiters
iv) Any one of the Arbiters
Ans : ii
20. State if true or false:
Under the SARFAESI Act, any Security Interest created over Agricultural
Land cannot be proceeded with.
i) True
ii) False
Ans : i
21. The disrepair for which a leaseholder or tenant is usually liable for mainly
commercial properties when he has agreed to return premises in good repair is
called ---------
Ans : iv
22. If A and B are mutually exclusive events, then P(A+B) is _____ .
i) P(A)-P(B)
ii) P(A)+P(B)
iii) P(A)=P(B)
iv) P(A) x P(B)
Ans : ii
23. Mode is ______________ .
i) Highest value
ii) Average data
iii) The middle most data
iv) the data with maximum frequency.
Ans : iv
24. If the sample size increases the sampling error __________ .
i) Increases
ii) Decreases
iii) No effect
iv) Equals
Ans : ii
25. For a left skewed data, the mean is _________ .
i) 5 km from seashore
ii) 500 m. from High Tide Line in coastal area
iii) 3 km from High Tide Line in coastal area
iv) Non of the above
Ans : ii
27. Which of the following will not have to obtain separate site clearance from the
Central Government?
440
i) Sound pollution
ii) Air pollution
iii) Chemical pollution
iv) Water pollution
Ans : i
29. Which of the following is not a source of water pollution
i) Tannery waste
ii) Iron
iii) Domestic waste
iv) Dying waste
Ans : ii
30. Which of the following is correct?
(i) A valuer shall conduct the valuation independent of external influences. (ii) A
valuer shall maintain complete independence in his/its professional relationships.
(iii) A valuer shall conduct the valuation according to the direction of his client.
Ans : ii
32. Where illegal activity is suspected, the valuer is advised to
(i) disclose the activity if there is a legal obligation to do so
(ii)suggest alternative, legal ways in which the client’s needs might be met
(iii) report to the Police
(iv) refuse to accept the assignment
i) Solatium
ii) Compensation
iii) Grant
iv) Assignment
Ans : i
34. The owner of the land, for the beneficial enjoyment of which, the easement right
exists is the
i) Public passage
ii) Servient owner
iii) Dominant owner
iv) Licensed owner
Ans : iii
35. Any person who, is receiving, or is entitled to receive, the rent for any premises,
whether on his own account or for another as a trustee/ guardian or court receiver is
called a --------
i) Lessor
ii) Court receiver
iii) Occupier
iv) Landlord
Ans : iv
36. What is 'Carpet Area’ as per RERA
shafts, exclusive balcony/ veranda/ terrace area, but includes the area covered by
the internal partition walls of the apartment
iv) Super Built up area
Ans : iii
37. The preliminary notification for land acquisition under LARR is to be issued -------
Social Impact Assessment?
i) Money
ii) Price
iii) Value
iv) Amount
Ans : ii
39. Transfer of Development Rights (TDR) is a concept in
i) Land management
ii) Money management
iii) Social welfare
iv) Non of the above
Ans : i
40. According to SARFAESI Act, before effecting sale of the immovable property,
the authorised officer shall obtain valuation of the property from
Ans : i
42. As per the Transfer of Property Act, 1882, immovable property includes _
i) furniture.
ii) growing crops.
iii) grass.
iv) things permanently fastened to anything attached to the earth.
Ans : iv
43. Under the Transfer of Property Act, 1882, the expression 'registered' pertains to
i) Registration of property
ii) Registration of documents
iii) Registration of parties
iv) Registration of charges
Ans : ii
44. What is real estate?
i) Exchange
ii) Supply
iii) Demand
iv) Bargaining
Ans : ii
46. Value of an object arises out of its _________ .
i) Manufacture
ii) Marketing
iii) Usefulness
iv) Cost
Ans : iii
47. What is common in Distress sale & Forced sale ?
444
i) Circumstances
ii) Value
iii) Insufficient marketing time
iv) private negotiations
Ans : iii
48. What is the name of the value of the property realized after auction sale?
i) Liquidation value
ii) Salvage value
iii) Net Present value
iv) Replacement value
Ans : i
49. Value of an object depends upon the future ______ that can be derived out of it.
a) Benefits
b) Demand
c) Supply
d) Cost
Ans : i
50. Construction of a building on the Land can be called
i) a Production
ii) a Conversion
iii) a Potential
iv) an Improvement
Ans : iv
51. Development Control Rules decides the _________ of the property
i) Security
ii) Risk
iii) Utility
iv) Transferability
Ans : iii
52. Development Control Rules decides the _________ of the property
i) Security
ii) Risk
iii) Utility
iv) Transferability
Ans : iii
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i) Transferability
ii) Scarcity
iii) Utility
iv) Non-transferability
Ans : iii
54. The Plots which is connected to the access road through a passage is called
_______
i) Narrow Plots
ii) Rectangular Plots
iii) Ribbon Plots
iv) Tandem Plots
Ans : iv
55. The open unobstructed view from then front of building is called ________
i) Frontage
ii) Access width
iii) Vista
iv) Wide view
Ans : iii
56. The study of Supply and demand is __________ Aspect
i) a Physical
ii) an Economic
iii) a Social
iv) a legal
Ans : ii
57. When the tenant will bear the burden of all outgoings, it will be termed as
i) Virtual rent
ii) Net rent
iii) Gross rent
iv) Exclusive rent
Ans : iv
58. The highest rent that is receivable for the property, by the landlord, in the open
market is called
i) Virtual rent
ii) Market rent.
iii) Gross rent
iv) Exclusive rent
446
Ans : ii
59. The NPV of a project generally ……………. as the rate of return increases.
i) decreases
ii) increases
iii) equal
iv) No effect
Ans : i
60. The difference between head rent and improved rent is called
i) Net rent
ii) Profit rent
iii) Gross rent
iv) Annual rent
Ans : ii
61. Rent fixed by court proceedings may be
i) Fair rent
ii) Standard Rent
iii) Statuary rent
iv) All the above
Ans : iv
62. Gymnasiums will come under which occupancy?
i) Residential
ii) Mercantile
iii) Special Residential
iv) Assembly
Ans : iv
63. What is the Years Purchase for Rs 1/- with a remunerative interest 8% and
Annual Sinking Fund to be set aside for recouping Rs 1/- is 0.021is
i) 1/(0.08 + 0.021)
ii) 0.021/0.08
iii) (0.08 + 0.021)/0.021
iv) None
Ans : i
64. Recess land and land locked lands:
i) Buildings
ii) Plant & Machinery
iii) Land with less width and more depth
iv) Shares
Ans : iii
i) Government property
ii) Shop
iii) House building
iv) Hotel building
Ans : iii
68. Market approach basically operates on the_______.
i) 55%
ii) Rs 18,00,000
iii) Rs 45,000
iv) 45%
Ans : ii
72. The estimated of the age of a structure based on its utility and physical wear and
tear is called
i) Economical Age
ii) Total Age
iii) Physical Age
iv) Effective Age
Ans : iv
73. Which one of the following valuation methodology is most appropriate for valuing
a non-income generating residential bungalow?
i) Settlement
ii) Land Acquisition
iii) Market sale
iv) Family Partition
449
Ans : iv
75. The base year for Capital Gain Tax calculation as on date is
i) 2001-2002
ii) 2000 -2001
iii) 1981-1982
iv) 1978-1979
Ans : i
76. While carrying out valuation of property for bank finance, which of the following is
not to be taken into consideration?
i) Reinstatement Value
ii) Historic Value
iii) Book Value
iv) Present Value
Ans : i
79. The difference between one honest valuation and another may range upto 15%
ii) K.P. Varghese vs. ITO (1981) 131 ITR 597 (SC)
iii) Gold Coast Trust Ltd. vs. Humphray (1949) 17 ITR 19
iv) Subh Karan Choudhury vs. IAC (1979) 118 ITR 777 Kolkata HC (Special
Value/FMV)
Ans : iii
81. Fire Policy covers
Ans : iv
82. Fire insurance policy in addition to the assessed loss, also pays
i) To make the premium payment through the bank, from where he had taken a
loan
ii) To disclose all material facts of the property to be insured
iii) To sought for a fire & burglary risk in the same policy as demanded by the
banker
iv) To inform a lower value of risk so as to pay a lower premium
Ans : ii
85. AOG Peril is
Ans : iii
86. Which of the following is not required to be mentioned in a leasehold valuation
report
6. In Closed economy
8. This is capital
The term capital is used in economics in various senses. In ordinary language and
sometimes in economics also capital is used in the sense of money. But when we talk
of capital as a factor of production, to confuse capital with money is quite wrong. Of
course, money is used to purchase various factors such as raw materials, machinery,
labour which help to produce goods, but money itself does not directly help in the
production of goods.
The money which is available for investment and productive purposes has been called
money capital or financial capital by some economists. But money capital is not the
real capital. The real capital consists of machinery, tools, tube well, factories; tractors,
etc., Which directly assist in the production of goods.
Similarly, government securities and bonds, shares and debentures of public limited
companies do not represent real capital. Securities, bonds, stocks, etc., Possessed
by individuals yield income to them but they cannot be called real capital because they
represent only titles of ownership rather than factors of production.
10. The real GDP is measured in .................... prices & The nominal GDP is measured in
.................... prices
11. A Machinery purchased for Rs. 18,000 / before two years. Its sold for Rs. 16,000/
considering 10% depreciation per annum. The machinery sold for
12. The owner of the business used, goods of worth Rs. 200 for his personal use. In this
transaction which account will be credited
Illustration 7
Classify the following into personal, real and nominal accunts
Solution :
17. As per SARFAESI Act 2002 within how many days borrower should repay the debit
from the date of notice
18. Article 14 of the constitution of India protects the rights of the equality before the law to
21. All agreements are contract as per Indian contract act 1872
data expressed as rates such as kilometers per hour, kilometres per litre, hour per
semester, tones per month
23. When three coins are tossed what is the probability of getting maximum no of heads
26. For a old building valuation report to be prepared the building is defected by pollution.
Before preparing report consult the pollution consultant.
i) (ii) and (iii) only ii) (i) (ii) and (iii) only
iii) (i) (ii) and (iv) only iv) (i) and (iv) only
i) (ii) and (iii) only ii) (i) (ii) and (iii) only
iii) (i) (ii) and (iv) only iv) (i) and (ii) only
35. Is the permissible for land lord to disconnect / cut off essential services being provided
to tenant
i) Yes ii) No
iii) Yes after order from court iv) Yes after notice to tenant
40. If the owner’s right which is imperfect is made perfect on fulfillment of certain conditions
is called
41. According to SARFAESI Act, before effecting sale of the immovable property, the
authorised officer shall obtain valuation of the property from
43. How many toilets and urinals provided in the Cinema theatre?
44. A value is also known as estimate of .................... and the future .................... that can
be obtained from the property.
50. Value of an object depends upon the future .................... that can be derived out of it.
51. In joint venture which factors decides the ratio of landlord and promotor for
redevelopment
The vertical division of real property has its basis in the legal concept of land as a
volume of space above and below the land surface.
57. The amount set aside for getting back the capital invested after the period for which
annuity will cease
IRR is a actual rate of return in the project. Discount rate is the expected rate of return
in the project.
i) The value on reversion of rent i.e. new rent agreement between landlord and
tenant
ii) An amount reverted after lease of the property
464
iii) A specified value estimated for payment of taxes such as capital gains
act or municipal act
iv) Present value of land which would revert to the lessor after expiry
of lease period.
60. Which of the following element is not key element of the income approach
61. When it is expected that the property values will rise, which one is correct?
63. What is the Years Purchase for Rs 1/- with a remunerative interest 8% and Annual
Sinking Fund to be set aside for recouping Rs 1/- is 0.021is
65. A multistoreyed building has several flats, almost all similar. Two recently sold
comparables were found. The valuer, using the market comparison approach, set up
the following table:
Flat under Valuation Comparable 1 Comparable 2
Date of Sale 1½ years ago 3 years ago
Rate per sq.ft. Rs. 18,500 Rs. 18,000
What would be the best estimate of the rate?
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67. Under adjustment grid model for sales instances premises having a positive weightage
is considered on sale rate while comparing with subject premises having standard
specification
69. When the result of a combination of two or more assets or interests where the combined
value is more then the sum of the separate values is known as
70. In calculating cost index numbers for basic cost of construction of an RCC load bearing
building by CPWD which of the following items is not given any weightage
71. A building is 40 years old. It has a total life span of 80 years. Current replacement cost
of the building is INR 40,00,000. The salvage value of the materials of the building at
the end of its life is 10% of its CRC. What is the depreciation in % today?
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72. The estimated of the age of a structure based on its utility and physical wear and tear
is called
i) 5% ii) 10%
iii) 20% iv) 30%
76. While carrying out valuation of property for bank finance, which of the following is not
to be taken into consideration?
77. For valuation of easement, the valuer is to estimate the value of the interest of
79. A buyer who looked at seven very similar homes in a three year old subdivision made
an offer on the home with the lowest list price, the buyer was utilizing the principle of
....................
80. The difference between one honest valuation and another may range upto 15%
81. Valuation is not an exact science. Mathematical certainly is not demanded, nor indeed
is it possible
82. Escalation clauses added to fire policy allows automatic regular increase not exceeding
....................% in sum insured during policy period
i) 5% ii) 10%
iii) 25% iv) 50%
83. Which of the following perils is covered under fire at extra premium
84. Minimum retention premium under fire declaration policy is derived at what % the
annual premium
86. Upon paying the amount of loss to the insured, the insurer steps into the place of the
insured, taking overall his rights. It is called exercise of ....................
87. Which of the following is not required to be mentioned in a leasehold valuation report
88. Valuation reports under The Companies (Registered Valuers and Valuation) Rules,
2017 shall be prepared following
* * *
469
PART - IX
FAQ - 175
Ans : a
2. A valuer should co-operate and be available for and investigation carried out by the
concerned authority
a) Inspection b) Scrutiny
c) Alliance d) Argumentation
Ans : b
3. Valuer should adopt rate of capitalization if income flow is safe & secured.
a) Lower b) Higher
c) Same rate as lending rate of bank d) Interest rate of his own choice
Ans : a
4. Which of the following is not in relevant factor while estimating depreciated replacement
cost of a building?
Ans : c
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Ans : c
Ans : c
Ans : c
Ans : d
Ans : b
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10. Total age of building 4 years. After four years the depreciated value is equal to 24% of
the cost. Find out the % of depreciation (near to answer) by WDV method?
a) 24 b) 25 c) 30 d) 35
Ans : c
11. Infrastructure works like augmentation of road networks & transport facilities will result
in increased ........................
Ans : b
Ans : c
13. Adverse changes to demand for the product or services produced by an asset will
result into
Ans : c
Ans : d
a) Location b) Size
c) Accessibility d) It payable by seller of comparable
Ans : d
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a) HABU b) Competition
c) Surplus productivity d) Contribution
Ans : a
17. Sec 107 under transfer of act, a lease of immovable property from year to year, or for
any term exceeding one year or reserving a yearly rent, can be made only by
........................
Ans : b
Ans : a
19. Fully developed land with fully tenanted building occupied by the protected tenants by
........................ of valuation
Ans : d
20. Which is the most appropriate method of valuation for an income generating
commercial asset?
Ans : d
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21. Which of the following need not form part of the valuation report if fully tenanted property
is offered for sale by the user of the report?
Ans : a
22. After leasing of the property, the lessor’s right is sometimes called ........................ right
a) diminishing b) occupational
c) residual d) possession
Ans : c
Ans : d
24. The property falling in the locality lacking in the infrastructure will ........................ with
the value of the property
a) Increase b) Decrease
c) Stabilize d) Have no relation with
Ans : b
25. Which valuation methodology should be used to calculate the market value of vacant
building excluding land?
Ans : b
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26. In case of Usufructuary mortgage, the mortgagee is placed in possession and has a
right to enjoy the rent and profit
Ans : a
Ans : c
28. A condition that decreases the utility of the property and is not economically feasible
to cure is called ........................
a) Incurable function
b) Fully depreciated property having no value
c) Incurable functional obsolescence
d) Unfunctional obsolescence
Ans : c
29. Any loss of utility resulting from inefficiencies in the subject Asset compared to its
replacement such as its design, specifications or technology being outdated is known
as ........................
Ans : b
30. Under transfer of property act sec 58 a mortgage is the transfer of an interest in specific
immoveable property for the repayment of a debt
Ans : b
31. In case of gift of immovable property, the transfer must be effected by a registered
instrument
Ans : a
32. Sec 114A under transfer of act, where a lease of immovable property has been
determined by forfeiture for a breach of an express condition which provides that on
breach there of the lessor may re-entry, no suit for ejectment shall lie
a) Oral assent
b) Unless and until the lessor has served on the lessee a notice in writing
c) Without any notice in writing
d) Lessor consent
Ans : b
Ans : b
a) Annuity b) Capitalization
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Ans : a
Ans : d
36. Adverse changes to demand for the product or services produced by an asset will
result into
Ans : c
37. Loss in value from forces external to the property and which is incurable is called
........................
Ans : c
38. A Hindu dies leaving behind father and son’s daughter’s son. They are
Ans : b
39. Under see 63 of the Indian Easements Act the licensee has a rights on revocation
which means ........................
Ans : c
40. In case when the owner’s right, which is imperfect and it be subsequently made perfect,
on fulfilment of certain conditions, it is called
Ans : d
41. A Hindu female wife dies and is survived by her husband have one son and two
unmarried daughter D1 and D2 how property of wife will be divided?
Ans : b
42. Which is the following element is not the key element of the income approach?
Ans : c
Ans : b
44. Which return would you adopt as base while determining appropriate rate of the net
profit, unless it is otherwise found unsuitable?
Ans : b
45. The income chargeable under head ‘capital gains’ is computed by deducting the
........................ from the full value of the consideration received as a result of transfer of
the capital asset.
Ans : a
46. Which one of the following best defines Annual sinking fund?
Ans : a
47. The value at the end of utility period of the asset without being dismantled is called
........................ value.
Ans : a
Ans : d
Ans : b
50. A rupee received today can be invested now to earn interest, this can result in a higher
value in future is called as ........................
Ans : c
Ans : c
52. According to Hindu Succession Act, on her dying intestate wife property shall devolve
........................
Ans : d
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53. As per Hindu Succession Act, in the absence of any issue to her, the property inherited
from her parents would be
Ans : c
54. According to Hindu Succession Act, when two or more heirs succeed to the property
of an intestate, they shall take ........................
Ans : d
55. As per Mohamedan Law, succession among heirs of the same class but belonging to
different branches ........................
Ans : c
Ans : d
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57. ‘A’ makes a contract with ‘B’ to beat his business contract, this is an example of
.....................
Ans : b
58. Which of the following term is not included in the International Valuation Standards
definition of market value
Ans : a
59. Which one of the following statements is true as per guidelines pertaining to
remuneration and costs as per Companies (Registered valuers and valuation) rules,
2017?
a) Valuer should charge fees as per the guidelines for fees given by any
major public sector bank
b) Valuer can accept fees or charges which are disclosed to and approved
by the persons fixing the remuneration
c) Valuer can accept fees or charges other than those which are disclosed
to and approved by the persons fixing the remuneration
d) Valuer should charge fees as per the guidelines for fees given on Wealth
Tax Act
Ans : b
Ans : c
61. Section 114A under Transfer of Property Act, where a lease of immovable property
has been determined by for forfeiture for a breach of an express condition which
484
provides that on breach thereof the lessor may re-enter, no suit for ejectment shall be
a) Lessor consent
b) Unless and until the lessor has served on the lessee a notice in writing
c) Without any notice in writing
d) Oral consent
Ans : b
62. Any profit or loss on the sale of sinking (depreciation) investments is transferred to
.....................
Ans : a
63. Which of the following is not covered under fire floating policy?
Ans : d
64. As per IBC, 2016, debts owed to a secured creditor in the event of such secured
creditor has relinquished security, ranks equally with .....................
Ans : c
a) Ordinary b) Voidable
c) Contingent d) Unenforceable
Ans : c
66. Which of the following define is appropriate for the term real estate?
Ans : c
a) The value on revision of rent .i.e. a new rent agreement between landlord
and tenant
b) An amount reverted back on sale of property
c) A specified value estimated for payment of taxes such as capital gains
or municipal taxes
d) Present value of land which would revert to the lessor after expiry of
lease period
Ans : d
68. Which of the following is an optional cover under Industrial All Risks Policy?
Ans : c
69. A notice under Section 111 of Transfer of property Act can be waived .....................
Ans : a
a) Stigma is removed
b) Market will pay reasonable price
c) Market will still pay less than the similar property in the market
d) Market will pay the cost of remediation also
Ans : b
71. Is it permissible for landlord to disconnect / cut off essential service being provided to
tenant?
a) Yes b) No
c) Yes, after notice to tenant d) Yes, after order from court
Ans : d
72. Gross profit in the context of consequential loss (fire) policy means one of the following
Ans : c
Ans : b
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74. The constant increase in production of cereals constitutes the component of a time
series
Ans : d
a) Illegal b) Affidavit
c) Contract d) Agreement
Ans : c
a) The land is used to produce food grains only and no other use of land is
considered and the theory operates only in short run
b) The land is used to produce food grains only and other uses of land is
also considered and the theory operates only in short run
c) The land is used to produce food grains only and other uses of land is
also considered and the theory operates only in the long run
d) The land is used to produce food grains only and no other use of land is
considered and the theory operates only in the long run
Ans : d
77. Whoever deserves, any court to give judgment as to any legal right or liability,
dependent on the existence to facts which has asserts, must prove that these facts
exist. This is defined as .....................
Ans : d
78. The construction work is not possible for the following or As per building byelaws, no
development is permissible on :
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a) Beaches b) Market
c) Small houses d) Commercial complex
Ans : a
79. Loss due to damage by ..................... is not possible under standard fire policy
Ans : b
Ans : b
81. Occupancy rights of the occupant of the premises under Easement Act is as .....................
Ans : a
a) Tripartite b) Bilateral
c) Multipartite d) Multilateral
Ans : b
a) Farming b) Dairy
c) Fishing d) Textile
Ans : d
489
a) Income b) Expense
c) Assets d) Liability
Ans : a
85. ‘A’ purchased a mine for Rs 2,50,000 minerals in the mine were expected to be
5,00,000 tonnes. In the first year, 50,000 tonnes of minerals were used. What is the
depreciation for the first year?
Ans : b
86. Salaries due for the month on March will appear .....................
Ans : d
87. In case of ..................... the motive (intention) of the breach is often taken into
consideration
a) Tort b) Contract
c) Agreement d) Tender
Ans : b
88. As per Companies Act, 2013, sec 192(2), the notice for approval of the resolution by
the company or holding company in general meeting under sub section(1) shall include
the particulars of the arrangement along with the value of assets
Ans : d
Ans : c
90. Which one of the following is not true under Factories Act, 1948?
Ans : c
Ans : a
92. The market value of reversionary right of the lessor is estimated by .....................
Ans : d
491
Ans : a
Ans : d
95. The problems related to price rise are handled under .....................
Ans : d
96. When a minor coparcener files a suit for partition through guardian or next friend and
court finds the partition being for the welfare of the minor, the partition / severance of
status place from the date
Ans : c
97. A contract by which one party promises to save the other from loss caused to him by
the conduct of promisor himself or by conduct of any person is called as
Ans : c
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98. Remedies for enforcement of the fundamental rights conferred by this part - writs of
habeas corpus, mandamus, prohibition, certiorari and .....................
Ans : c
99. The forest animals are not bounded by the following act .....................
Ans : c
100. After wife expired, the property right goes to, .....................
a) Husband
b) Husband cannot take
c) Self-acquired property to husband and ancestral to her parents or her
parents legal heirs
d) Only 25% goes to husband
Ans : c
101. The annual equivalent of premium plus actual rent paid is called -
Ans : d
102. As per IBC, 2016, who cannot initiate a fast track corporate insolvency resolution
process?
Ans : d
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103. Which of the following statement is true as per fire policy condition on the happening
of a loss?
Ans : b
Ans : a
a) Fixed cost and average cost b) Fixed cost and marginal cost
c) Marginal cost and average cost d) Fixed cost and variable cost
Ans: d
a) Inversely b) Directly
c) Not d) Indirectly
Ans : a
107. Determination of the price that would be equitable between a lessor and lessee for
either permanent transfer of the lease assets or the cancellation of the lease liability is
known as .....................
494
Ans : b
108. Classification is the ..................... of facts that are distinguished by some significant
characteristics
a) Part b) Survey
c) Tabulation d) Grouping
Ans : d
109. The seasonal indices for each month or quarter of different years are called .....................
Ans : c
110. The process of transferring the transactions relating to changes in a particular item at
one place in the form of an account is called .....................
a) Balancing b) Casting
c) Journalizing d) Posting
Ans : d
Ans : b
112. For the management of the environment, which one of the following is not a major
legislative measure in India?
495
Ans : a
113. Which of the following element is not part of definition of market value?
Ans : c
114. Every transfer of immovable property made with intent to defeat or delay the creditors
of the transferor shall be voidable
Ans : a
115. A population consisting of the result of the conceptually repeated trial is known as
.....................
Ans : b
116. An ownership flat with 140 sq.m. area is licensed for an amount of Rs 1,10,000 per
month. Society maintenance charges are Rs 20,000 per 3 months. Which of the
following will be market value of the flat on income approach by adopting 4 percent as
rate of capitalization?
Ans : a
117. Under which of the following circumstances reinstatement basis of settlement will not
apply under fire reinstatement policy?
Ans : d
Ans : c
Ans : c
a) In-migration/Out-migration
b) Lower interest rate on housing loan
c) Consumer confidence
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d) Paying capacity
Ans : b
121. Due to ..................... of properties in real estate market, conditions of perfect competition
are almost absent
a) Homogeneity b) Heterogeneity
c) Unstable characteristics d) Lack of demand
Ans : b
Ans : a
Ans : a
Ans : a
Ans : d
Ans : b
127. In the mining industry the method used for valuation is known as :
a) Depreciation b) Diminution
c) Amortization d) Depletion
Ans : d
128. A valuer should not take up an assignment under the Act / Rules if he /it or any of his /
its relatives or associates is not independent in relation to the company and assets
being valued because .....................
Ans : a
Ans : a
Ans : a
a) Fundamental b) Constitutional
c) Statutory d) None of the above
Ans : b
132. The term environment is defined under which act that includes relation between
environment, water and air?
Ans : a
a) Rupees b) Dollar
c) Local currency d) Pounds
Ans : c
134. As per the companies act 2013, any scheme of corporate debt restructuring under
Sec 230 (2) (1) (c) (v) must include a valuation report in respect of the shares and the
property and all assets, tangible and intangible, and movable and immovable, of the
company by
a) a registered valuer
b) State government
c) An auditor’s report is sufficient
d) Reserve Bank of India guidelines is sufficient
Ans : a
a) Origin b) Scale
c) Logical property d) Assignable property
Ans : a
136. Despite the absence of a contractual relationship, ....................... will exist wherever
there is a relationship of sufficient ‘proximity’ between a professional advisor and a
person who relies on his or her advice.
Ans : c
137. If the central bank buys financial securities form the open market to increase the
monetary base, this is an example of :
Ans : a
138. Cost of machine Rs. 1,00,000/-, scrap value Rs. 10,000/-, life 4 years, what will be the
amount of depreciation according to sum of years digit method in the first year.
Ans : c
Ans : c
140. The factor which is not responsible for the occurrence of business cycles is :
Ans : a
Ans : a
142. In which of the following case, the court has for the first time approved of Investment
theory of Rent fixation, by allowing 1.50 percent more return than the return on gilt
edged security on value of land and 2.5 percent extra yield on the cost of the building,
as fair return to the landlord on his investment in an immovable property?
Ans : b
Ans : d
144. A valuer should maintain proper working papers for production before a regulatory
authority or for a peer review for minimum of which of the following period, assuming
that there is no pending case before the Tribunal or Appellate Tribunal
Ans : c
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145. According to policy condition, the fire policy ceases cover if the building incurred
becomes unoccupied for more than .................
a) 15 days b) 30 days
c) 45 days d) 60 days
Ans : d
146. Sale comparison method and development method of valuation are the two main
methods under .....................
Ans : c
Ans : c
Ans : d
149. When the present value of minimum lease payments is approximately equal to the fair
value of the lease assets, it is called .................
Ans : a
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150. Which one of the following should not be done by a valuer with the confidential
information about the subject company, which has come to his / its knowledge without
proper and specific authority or without legal or professional right or duty to disclose
Ans : a
151. Which of the following scenario need not be a connection with the Highest and Best
use of existing buildings or land?
Ans : d
Ans : d
153. Following indicates of years an asset will endure before it deteriorates to an unusable
condition?
Ans : c
Ans : d
504
a) Demand b) Supply
c) Equilibrium d) Neutral
Ans : a
Ans : b
157. Which of the following is not helpful in analysis of market data and in deriving the net
income multiplier from income approach of valuation?
Ans : c
Ans : a
Ans : a
505
Ans : c
161. Receipt of money in the future is worth less than money received at present
Ans : c
162. Following is most accurate factor for applicability of income approach of valuation of
a property?
Ans : d
Ans : d
164. Section 118 under transfer of property act, when 2 persons mutually transfer the
ownership of one thing for the ownership of other, neither thing or both things being
money only the transaction is called
a) A transfer b) Exchange
506
c) Lease d) Eviction
Ans : b
165. Under Section 59 of Indian Succession Act, which person may dispose of his property
by will
Ans : b
a) Labour b) Entrepreneurship
c) Natural resources d) Production
Ans : b
167. Which of the following Acts is considered an umbrella legislation with a wider scope in
comparison to the other notifications?
Ans : c
168. Which of the following statement is true when a signing valuer has relied on work done
by others who do not sign the certification
a) Signing valuer has basis to believe that individuals performing work are
competent
b) Signing valuer blindly relies on work carried out by contributing valuer
c) Signing valuer can transfer responsibility to contributing valuer in case
of discrepancy and claim innocence
d) Signing valuer should not disclose name of the contributing valuer to the
client
Ans : b
507
169. The demand curve in demand & supply graph indicates ...................
Ans : c
a) Percentages b) Median
c) Range d) Mode
Ans : a
Ans : d
Ans : a
Ans : d
508
a) Not entitle to the rents and profits of the property till the ownership thereof
passes to the buyer
b) Entitle to the rents and profits of the property till the ownership thereof
passes to the buyer
c) Entitle to the rents and other profits
d) Entitle to the profits
Ans : b
a) Saving b) Expenditure
c) Both d) None of the above
Ans : a
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509
PART - X
ATTACHMENTS - 3 Nos.
510
Ans. (a)
2. Other things remaining the same, the law of demand states that:
Ans. (b)
3. A market which has only one seller selling a homogeneous product to many buyers is
known as:
a. monopoly
b. oligopoly
c. perfect competition
d. monopolistic competition
Ans. (a)
a. Rent
b. Investment
c. Profit
d. Capital
Ans. (c)
5. The frequency at which one unit of currency is used to purchase domestically produced
goods and services within a given time period is known as:
a. velocity of money
b. speed of money
c. momentum of money
d. count of circulation of money
Ans. (a)
512
Ans.(c)
7. If a person has an income of Rs.30000 and his consumption is Rs.10000, then his
propensity to save is:
a. 1.33
b. 0.33
c. 0.67
d. 1.50
Ans. (c)
a. population growth
b. level of income
c. progress of technology
d. expectation of the entrepreneur
Ans. (b)
a. mixed economy
b. capitalist economy
c. parallel economy
d. socialist economy
Ans. (c)
10. When we take the sum total of values of output of goods and services in the country,
without adding net factor incomes received from abroad, the figure so obtained is
called:
Ans. (c)
513
Ans. (d)
12. For a real estate construction company, which of the following is not part of Profit and
Loss statement?
Ans.(c)
13. Difference between selling price and variable cost per unit can be classified as______
margin per unit.
a. contribution
b. gross
c. net
d. profit
Ans. (a)
14. _______ can be filed in the court of law for the violation of Directive Principles of
State Policy given under the Constitution of India.
a. Writ
b. Civil suit
c. Criminal case
d. No action
Ans. (d)
a. Competent Parties
b. Free Consent
c. Legal Object
d. Adequate Consideration
Ans.(d)
514
Ans.(d)
17. A contract to perform the promise, or discharge the liability, of a third person in case of
default is known as:
a. contract of indemnity
b. contract of guarantee
c. contingent contract
d. quasi contract
Ans.(b)
18. A owes money to B under the contract. It is agreed between A, B and C that B shall
henceforth accept C as his debtor instead of A. Which of the following statement is
true?
Ans.(a)
19. A person employed to do any act for another, or to represent another in dealing with
third persons is called?
a. Principal
b. Agent
c. Surety
d. Principal debtor
Ans. (b)
a. in rem
b. in personam
c. in recission
d. in novation
Ans. (a)
515
21. With reference to the Arbitration and Conciliation Act, 1996, if the parties fail to
determine number of arbitrators, which statement holds true?
Ans. (a)
Ans. (b)
23. Mr. X desires a Court to give judgment that he is entitled to certain land in the
possession of Mr. Y, by reason of facts which he asserts, and which Mr. Y denies, to be
true. Select the correct statement.
a. Mr. Y must prove the existence of the facts
b. There is no burden on either to prove the facts
c. Mr. X must prove the existence of the facts
d. The Registrar of the property concerned shall prove the possession
Ans.(c)
24. As per section 36 of the Insolvency and Bankruptcy Code, 2016, the liquidator shall
hold the liquidation estate:
a. as an agent of debtor
b. as an agent of committee of creditors
c. as a fiduciary for the benefit of all the creditors
d. as a fiduciary for the benefit of all the stakeholders
Ans. (c)
25. Section 231 (2) of the Companies Act, 2013 empowers a tribunal to __________, if it is
satisfied that the compromise sanctioned under section 230 cannot be implemented
satisfactorily, and the company is unable to pay its debts as per the scheme.
Ans. (a)
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26. When numbers are associated with weights, then obtained mean is said to be _______.
Ans. (a)
27. The patterns of change within a year that tend to be repeated from previous period is
called ________.
a. irregular variation
b. seasonal variation
c. secular trend
d. cyclical fluctuation
Ans. (b)
28. Technology that permits safe, efficient, and inexpensive clean-up of contaminants in
property tends to minimise _________ in asset value.
a. decrease
b. increase
c. fluctuations
d. escalation
Ans. (a)
29. Which planning provision is required around the battery limit of industry and for
industry having odour problem?
a. No development zone
b. Green belt
c. Special permission zone
d. Industrial regulation zone
Ans. (b)
30. In which of the following Act, provisions for health and safety in industries are
covered?
Ans. (c)
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31. Which of the following legislations does not provide for pollution control?
Ans. (d)
32. A valuer shall act with objectivity in his professional dealings by ensuring that his
decisions are made ________.
Ans. (a)
33. Under the Companies (Registered Valuers and Valuation) Rules, 2017, a valuer shall
maintain records of each assignment undertaken by him and proper working papers for
a period of ______.
a. 5 years
b. 2 years or such shorter period as required in its contract for a specific
valuation
c. 3 years or such longer period as required in its contract for a specific valuation
d. 2 years
Ans. (c)
34. Under the Right to Fair Compensation and Transparency in the Land Acquisition and
Rehabilitation Act, 2013, market value is decided by the collector as per________.
Ans. (b)
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35. _______ means arranging or distributing lands and properties according to particular
features or characteristics, purposes, uses, etc.
a. Safety regulations
b. Zoning
c. Floor space index regulation
d. Subdivision regulations
Ans. (b)
Ans. (b)
37. As per the Real Estate (Regulation and Development) Act, 2016, what percentage of
collections needs to be deposited by developers in Escrow accounts towards the cost of
construction including that of land?
a. 50 per cent
b. 60 per cent
c. 70 per cent
d. 80 per cent
Ans. (c)
38. As per the Transfer of Property Act, 1882, immovable property includes ______.
a. furniture
b. growing crops
c. grass
d. things permanently fastened to anything attached to the earth
Ans. (d)
39. A gift to two or more donees, of whom one does not accept it, is__________.
Ans. (a)
519
a. Growing crops
b. Immovable property
c. Grass
d. An easement right without dominant heritage
Ans. (d)
41. The Hindu Succession Act, 1956 does not apply to ______.
Ans. (d)
a. value
b. price
c. cost
d. worth
Ans. (b)
43. The value at the end of utility period of the asset without being dismantled is called
____ value.
a. salvage
b. realisable
c. scrap
d. junk
Ans. (a)
a. useful
b. scare
c. in abundance
d. transferable
Ans. (c)
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45. Which of the following shaped plot of land may command the highest value?
a. Triangular
b. Square
c. Irregular
d. Narrow strip
Ans. (b)
a. physical
b. legal
c. technical
d. social
Ans. (b)
47. The price that would tend to prevail in a free, open and competitive market based on
equilibrium set by the forces of demand and supply is called:
a. value in exchange
b. value in use
c. optimum value
d. realisable value
Ans. (a)
Ans. (a)
49. A fund formed by setting aside an annual recurring amount for a given period to recoup
capital invested in a landed property is called:
a. sinking fund
b. amount of ` 1 per annum
c. annual value
d. investment value
Ans. (a)
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50. Amount of Rs.1 per annum is worked out by which of the following formula?
a. r / {(1+r)n} - 1}
b. {(1+r)n - 1}/r
c. r / {(1+r)n + 1}
d. {(1+r)n + 1}/r
Ans. (b)
51. A company is prepared to pay a rent of Rs.15,000 per annum, provided renovation
work around into Rs.50,000 is carried out by the owners. The owner desires that the
renovation should be carried out by the company and is prepared to accept a low rent.
What rent so the company offer based on 9 per cent rate of interest? Present value of
Rs.1 per annum at the 9 per cent and 5 per cent for 15 years is 7.334.
a. Rs.8,182/-
b. Rs.3,668/-
c. Rs.11,667/-
d. Rs.12,141/-
Ans. (a)
52. A proposed development of Metro rail station in the city would _____.
Ans. (b)
53. Which one of the following is not a characteristic of real estate market?
Ans. (c)
Ans. (a)
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55. Which is Green Building Rating System in India for New Construction?
Ans. (a)
56. Under rent capitalization method, value of the property increases with:
Ans. (c)
57. In case the unexpired period of lease is too long then reversionary value would be___.
a. negative
b. zero
c. negligible
d. less than zero
Ans. (c)
58. Which among the following is not a factor affecting market rent?
a. City
b. Location
c. Type of building
d. Turnover of the lessee
Ans. (d)
59. In relation to a lease agreement, the actual rent specified in the lease is called _____.
a. contractual rent
b. effective rent
c. negotiated rent
d. standard rent
Ans. (a)
523
Ans. (d)
Ans. (a)
62. The discount factor used to appraise capital investment decision is a measure of:
Ans. (a)
63. For which of the following property, profit method of valuation is most appropriate?
a. Vacant Land
b. Petrol pump
c. Residential Home
d. Public School
Ans. (b)
Ans. (c)
524
65. Which of the following is not a source from which sale instances of immovable
property in a particular locality can be collected?
Ans. (d)
Ans. (b)
67. Which of the following property is normally valued by sales comparison method?
a. service property
b. investment property
c. non-investment non-marketable property
d. an owner occupied small residential house
Ans. (d)
68. Which of the following piece of land would command higher rate of land value in the
residential zone?
Ans. (a)
69. Which of the valuation method is generally used for carrying out valuation of large
plots when sale instances of large size plots in the locality are not available?
Ans. (b)
525
70. Mr. A. developed a real estate project. Gross development value of completed project is
Rs.500 crore, construction cost and other developmental costs Rs.200 crore, and
Developer’s profit is 10 per cent of value of completed project. Calculate the residual
land value?
a. Rs.250 crore
b. Rs.200 crore
c. Rs.150 crore
d. Rs.270 crore
Ans. (a)
71. In a joint venture agreement, the share of the developer is less when ______.
Ans. (c)
Ans. (c)
73. Actual survival life of the building before it collapses is called the _____.
a. useful life
b. economic life
c. physical life
d. residual life
Ans. (c)
a. Social life
b. Physical life
c. Economic life
d. Life equal to average age of the buildings in neighbourhood
Ans. (c)
526
75. Decrease in value of the property through wear and tear is called as:
a. depreciation
b. economic obsolescence
c. functional obsolescence
d. technical obsolescence
Ans. (a)
76. Asset which has become outdated mainly due to the planning and designing being
unsuitable for present day requirement of the user is an example of:
a. technological obsolescence
b. economic obsolescence
c. functional obsolescence
d. excess depreciation due to wear and tear
Ans. (c)
77. Depreciated Replacement Cost is market value of special purpose industrial plant
building subject to potential______.
a. profitability
b. cost
c. price
d. value
Ans. (a)
78. Which of the following does not reduce physical life of building?
a. Bad workmanship
b. Periodic maintenance of the building
c. Use of inferior materials
d. Neglected maintenance of the building
Ans. (b)
79. Which one of the following valuation methodologies is most appropriate for valuing a
non-income generating owner occupied residential bungalow?
Ans. (b)
527
80. While carrying out valuation of property for bank finance, which of the following is not
to be taken into consideration?
Ans. (d)
81. When the result of a combination of two or more assets or interests where the combined
value is more than the sum of the separate values is known as __________.
Ans. (c)
Ans. (a)
a. Public
b. Client
c. Valuer himself
d. Client’s Advisor
Ans. (a)
84. Which of the following judgements recognises the concept ‘Valuation is an art, not an
exact science. Mathematical certainly is not demanded, nor indeed is it possible’?
Ans. (b)
528
85. In which of the following case, the concept of deduction of development cost to arrive
at market value of undeveloped land from sale instances of developed land has
evolved?
Ans. (a)
86. In context of the property insurance, which of the following is a human peril?
a. War
b. Age of the Property
c. Cyclone Facade
d. Upliftment
Ans. (a)
87. An insurance policy generally allows one to value the respective building and/or
contents by _____________.
Ans. (b)
88. A fire broke out in Hemant's factory and damaged half of the stock which was to be
shipped to a nearby cloth dealer. His fire insurance policy had the average clause in it.
Actual value of the stock: Rs.3,00,000, Sum insured for the stock: Rs.2,00,000, Loss
incurred: Rs.1,50,000 (As half the stock was destroyed). The claim amount will be Rs.
a. Rs.1,00,000
b. Rs.3,00,000
c. Rs.2,00,000
d. Rs.1,50,000
Ans. (a)
a. over insured
b. fair insurable amount
c. fair premium for insurance
d. under insured
Ans. (d)
529
Ans. (a)
Ans. (c)
92. While valuing asset where the valuer is not conversant with its features, which of the
following is the best option?
a. It is advisable to engage the services of an expert and the signed report of the
expert be made a part of valuation report
b. It is advisable to engage the services of an expert and his report need not be
made a part of valuation report
c. he can privately seek the services of such expert and need not disclose in the
report
d. It is enough to mention in report about details of expert engaged.
Ans. (a)
Attempt Questions 93 to 96 based upon the following case study: (4 x 2=8 marks)
An owner purchased a piece of land admeasuring about 350 m² and constructed a bungalow
of ground and one upper floor for his personal use some 30 years back. The bungalow is of
first-class construction having a future economic life of 40 years and has got the total built-up
area of 300 m². The owner now desires to sale the same and has received an offer of Rs.55
lakhs with vacant possession or in the alternative he has been offered a gross yearly rent of
Rs.2,00,000 for the bungalow and the plot together. There is good demand for such property
in the locality.
Value of land in the locality for similar plots = Rs.8000 per sq.m.
Present replacement cost of such a bungalow = Rs.15,000 per sq.m.
Total outgoings = 15 per cent of the gross rent
Annual sinking fund for redemption of Re. 1 at
5 per cent in 70 years = 0.0017
Amount of Re. 1 per annum in 30 years at 5 per cent = Rs.66.439
530
Ans. (b)
a. Rs.39,91,950
b. Rs.38,11,500
c. Rs.35,12,250
d. Rs.45,00,000
Ans. (a)
a. Rs.39,91,950
b. Rs.45,00,000
c. Rs.65,00,000
d. Rs.38,11,500
Ans. (b)
96. What will be the market value of the property by income approach?
a. Rs.66,66,000
b. Rs.56,66,000
c. Rs.55,00,000
d. Rs.50,00,000
Ans (b)
*****
531
Attachment - 2
- B. Kanaga sabapathy
Tiruchirappalli
01.04.2019
Value of land in the locality for similar plots = Rs. 8,000 per sq.m.
Present replacement cost of such a bungalow = Rs. 15,000 per sq.m.
Total outgoings = 15 per cent of the gross rent
Annual sinking fund for redemption of Re. 1 at
5 per cent in 70 years = 0.0017
Amount of Re. 1 per annum in 30 years at = Rs. 66.439
5 per cent
Year’s purchase at 3% in perpetuity = 33.33
Ans : (b)
Ans : (a)
532
Ans : (b)
96. What will be the market value of the property by income approach?
Ans : (b)
Solution :
350 m2
FF
150 m2 Age : 30 years
GF
FF
GF
150 m2
Road
Data :
From the data given, it appears that depreciation is to be calculated by sinking fund
method.
Q.No. 70.
Mr. A. developed a real estate project. Gross development value of completed project
is Rs.500 crore, construction cost and other developments cost Rs. 200 crore and
Developer’s profit is 10 per cent of value of completed project. Calculate the residual
land value?
Q. No.88.
A fire broke out in Hemant’s factory and damaged half of the stock which was to be
shipped to a nearby cloth dealer. His fire insurance policy had the average clause in it.
Actual value of the stock: Rs.3,00,000, Sum insured for the stock: Rs.2,00,000, Loss
incurred: Rs.1,50,000 (As half the stock was destroyed). The claim amount will be Rs.
= Rs. 1,00,000
The option is “a”.
* * * B. Kanaga sabapathy
01.04.2019
535 Attachment - 3
- B. Kanaga sabapathy
Tiruchirappalli
Value of land in the locality for similar plots = Rs. 8,000 per sq.m.
Present replacement cost of such a bungalow = Rs. 15,000 per sq.m.
Total outgoings = 15 per cent of the gross rent
Annual sinking fund for redemption of Re. 1 at
5 per cent in 70 years = 0.0017
Amount of Re. 1 per annum in 30 years at = Rs. 66.439
5 per cent
Year’s purchase at 3% in perpetuity = 33.33
Q4. What will be the market value of the property by income approach?
SOLUTION :
350 m2
FF
150 m2 Age : 30 years
GF
FF
GF
150 m2
Road
Data :
From the data given, it appears that depreciation is to be calculated by sinking fund
method.
Mr. ‘X’ started construction of his 300 sq.m. building in Raipur in 1998 and completed
the same is 2000. The rate of construction of similar type of building in 1992 at Delhi
following CPWD plinth area rate was Rs. 3,200/sq.m. 30%, 60% and 10%
construction of the building were done in year - 1998, 1999 & 2000 respectively
and corresponding CPWD cost index of Raipur in those years were 142, 148 and
156 respectively. The cost index of Raipur in 2019 with respect to the base year 1992
is 482. Economic life of the building is 85 years.
538
Q1. How much expenditure Mr. ‘X’ made in year 2000 towards construction of the
building?
SOLUTION
DATA
Stages
1998 = 30% construction
1999 = 60% construction
2000 = 10% construction
Cost index
1998 = 142
1999 = 148
2000 = 156
2019 = 482
539
WORKOUT DETAILS
142
1998 = 300 x 3,200 x x 30% completion = Rs. 4,08,960
100
148
1999 = 300 x 3,200 x x 60% completion = Rs. 8,52,480
100
156
2000 = 300 x 3,200 x x 10% completion = Rs. 1,49,760
100
* * *
541
JUDGEMENTS
Petitioner:
Respondent:
Union of India
Bench:
Shah, J.C. & Sikri, S.M., Shelat, J.M. & Bhargava, Vishishtha,
Mitter, G.K. & Vaidyialingam, C.A., Hegde, K.S. & Grover, A.N.,
Background
The Preamble and various constitutional provisions of the Constitution of India obligate
the state to build an egalitarian society for the people of India. These obligations are in
detail discussed in Part IV of the Constitution under the heading Directive Principles of
State Policy. The Part IV starts with Article 37 declaring the part not enforceable in the
courts of law is however fundamental in the governance of the country. Therefore, while
making laws the Parliament must apply these provisions. State control of industries was
seen as a great means to achieve the ends of Socialism. After Independence of the
nation transport undertakings, electricity, insurance sector, oil refineries etc., were
nationalized in order to achieve the goals of Socialism.
546
Since Independence the distribution of credit in rural areas was at a great low. This was
because of the inaccessibility of banks and other financial institutions in the rural areas.
Therefore, in order to target the rural area, the government schemed a plan to target the
needy sectors. This solution they devised was Nationalization.
Earlier in 1955, Imperial bank of India was taken under the SBI Act and just in four
years its 7 subsidiaries were also amalgamated into the SBI branch. The Reserve Bank
of India also played a pro-active role in regulating the banking sector and reduced the
number of commercial banking institutions from 569 in 1951 to 89 in 1969.
The Indira Gandhi government in 1969 at the instance of the then Acting PresidentM.
Hidayatullah promulgated the Banking Companies (Acquisition & Transfer of
Undertaking) Ordinance, 1969 nationalizing the 14 banks. These 14 banks were chosen
on the basis that they had deposits exceeding 50 crores. The ordinance was
promulgated just two days before the Session of Parliament. The ordinance w.e.f. 19
July 1969 broght more than 75% banking sector under state control along with its
assets, liabilities, entire paid-up-capital.
The most horrific and controversial part of the Ordinance was the second schedule it
contained. The second schedule provided that:
2 days later when Parliament came in session it enacted the Banking Companies
(Acquisition & Transfer of Undertaking) Act, 1969 with the same provisions as were in
the Ordinance. Therefore, Rustom Cavasjee Cooper the majority shareholder of Central
Bank of India & Bank of Baroda filed a writ petition in Supreme Court u/a 32 for the
violation of his Fundamental Rights mentioned under articles 14, 19(1)(f) & 31(2).
547
Issues
1. Whether a shareholder can file a petition for remedy against violation ofhis
fundamental rights when the company in which the shares are held is taken
over.
2. Whether the Ordinance was properly promulgated.
3. Whether the Parliamentary Act was within Parliamentary Competence.
4. Whether the impugned Parliamentary Act was violative of Article 19(1)(f) &
31(2) of Constitution of India.
5. Whether the method of ascertaining compensation was valid.
Petitioner’s Arguments
1. The writ petition is maintainable because the petitioner has filed it for
enforcement of his Fundamental Rights and not that of company. Since
Company is not a citizen within the context of Indian Citizenship Act, 1955 and
the Constitution of India, a company cannot claim the protection of those FR’s
which are solely available to citizens of India.
2. Since in just two days the Parliament was coming in monsoon session the
President promulgated an ordinance which is in direct contravention of
condition precedent for promulgation of Ordinance[1]. Therefore, the
President’s promulgation of Ordinance is invalid and that the SC has power to
annul an invalid Ordinance.
3. The three lists under Schedule VII of the Constitution Union, State &
Concurrent List clearly demarcate the area of operation of Union Parliament,
State Legislature and areas where both can operate respectively. The
Parliament can only legislate in the matters of “Banking” as defined in the
Section 5(b)of Banking Regulation Act, 1949 by the virtue of Entry 45 of List I.
Further, the legislature by the virtue of Entry 42 of list III can only make laws
for effectuating laws under List I. Therefore, the Parliament did not possess
the required valid competence to initiate the acquisition process.
4. The impugned act of 1969 is violative of Fundamental Rights mentioned in
Article 19(1)(f) and Article 31. Therefore, the act is in direct contravention of
548
Article 13 which clearly provides that any law which is in violation of the said
provision will be unconstitutional and the courts are bound to strike it down.
5. The Schedule II of the impugned act that provides for the procedure in which
the Compensation is to be given to the shareholders is draconian in its
entirety. The said provision is too much irrational and vague. No valid law can
make a person realize the fruits of the agreement after 10 years. Such illogical
and illegal condition must be struck down.
Respondent’s Arguments
1. The writ petition is not maintainable because the petitioner is seeking the
protection of Fundamental Rights of the Company which is not a citizen as per
the Indian Citizenship Act, 1955. The rights mentioned under Article 19 are
only available to the Citizens of the nation whereas company is only a juristic
person and not a citizen.
2. The President’s power to promulgate an Ordinance u/a 123 is a subjective
power and the President cannot be asked to adduce his reasons before the
courts as to why the ordinance was promulgated.
3. The courts must see the Socialist obligations upon the state to make an
egalitarian society in which there is no sort of inequality. Therefore, the court
should, keeping in perspective these obligations, must construe the word
“Banking” under Entry 45 of List I to mean all the activities which the
respondent ought to undertake.
4. The act is not violative of Article 19(1)(f) since it falls within the provisions of
Article 31 and since in K. Gopalan v. Union of India[2]the court held that each
Fundamental Right is exclusive of one another and distinct.
Judgment
The court delivered this landmark judgment on February 2, 1970 & speaking in 10:1
majority held that the shareholder or director cannot move to the courts for the
protection of infringement of Fundamental Right’s of the company unless it is proved
that by the impugned action his rights are also violated. The majority opinion was written
549
by Justice Shah for himself and on the behalf of Grover, Vaidialingam, Mitter, Dua,
Shelat, Hegde, Reddy, Sikri and Bhargava, JJ. while justice A.N. Ray wrote the
dissenting opinion.
1. The apex court overruled the 20 years law laid down by K. Gopalan rejecting
the mutual exclusivity theory. The court held that we cannot overlook the
violation of citizens of the nation on mere technicalities. If due to state action
the fundamental rights of a citizen are violated the court is bound to prohibit
such violation. The court by holding this laid down the Effect test and
overruled the Object test. Therefore, now the courts won’t look into the objects
of the impugned act and rather they will look into the effect of the impugned
act. In case effect of such act violates the FR’s of citizens it would be violative
of Constitution and liable to be struck down.
2. Since the Ordinance was already replaced by the act of Parliament therefore,
the court held that deciding the validity of the said impugned Ordinance is
fruitless. This discussion is relevant for academic purposes only.
3. The court rejected both the Petitioner’s & Respondent’s argument on
legislative competence to acquire banking Companies. The court held that the
term Property in itself constitutes the rights, liabilities, organization etc. that
accrue to the property. The power to acquire property was held to be an
independent power of Parliament and it required no separate legislation under
List II or List III.
4. The court found the impugned act in contravention of the Article 31 since the
act failed to comply with said provision. The said provision provided that the in
case any property is acquired by the government then they have to provide
compensation to the property owner. Since there was clear violation of the
said provision therefore, the court struck down the said act.
5. However, the court upheld the validity of the act in the context of Article
19(1)(f). The court said that the act is not violative of the freedom to carry
trade & business. The justification for the said ruling that the state can always
create a partial and absolute monopoly.
550
6. But the court held the said act in clear violation of Article 14c since only these
14 banks were restrained from conducting banking business n the future while
other banks including the foreign banks were allowed to continue Banking in
India. The court this discrimination as a flagrant hostile discrimination.
Justice Ray’s opinion was the sole dissent in the judgment. However, he agreed with
the majority in two instances which were as follows:
1. That the said act is not in violation of Article 19(1)(f) i.e. freedom to carry trade
& occupation.
2. That the Parliament was competent to legislate on the acquisition of banking
and that the said law was valid as far as Legislative Competence is
considered.
Further, he held that the Ordinance promulgation power vested within the President of
India is a subjective power that cannot be challenged in courts. However, he rejected
the majority’s opinion that the shareholder can approach the apex court for the violation
of his rights which were directed against a company i.e. a non-citizen. He also affirmed
the mutual exclusivity theory as was propounded in Gopalan judgment.
Critical Analysis
The decision should not be misunderstood because the apex court respecting the
obligations upon the respondent to make India a socialist state. Although, socialism in
retrospect had been disastrous to Indian economy and eventually led to India’s
bankruptcy. However, it was a popular philosophy at that time and the government had
every right to pick a socialist path.
The court also apart from upholding the respondent’s power to Nationalize also upheld
respondent’s competence to enact such laws. The court also relieved the Parliament
from the lengthy procedure of making such laws by first making specific laws under List
I. Thus, if now the Parliament desires to nationalize airlines then it need not first make
laws specifically under Entry 29 List I for aircrafts. Rather they can directly make laws
under the Entry 42 of List III since they expanded the meaning of “property” to mean
rights, liabilities, organization etc.
The majority bench in order to protect the rights of the citizens of the nation from such a
draconian law tried to expand the horizons of the protection. After the pronouncement of
the decision the shield was broadened and as a result now if a legislative act violates a
citizen’s fundamental rights though indirectly it will be liable to struck down. The court
did away with the object test that was used to ascertain the validity of the legislative act
& now the effects test was used in order to ascertain this validity. This was a huge
incentive in the favor of citizens of the nation. Following this decision, the apex court
again in Bennett Coleman v. Union of India[3]held that FR’s of a citizen are not last
when they associate to form a company.
The court however also succeeded in protecting the Fundamental Rights of the citizens
of the nation by holding the impugned act in violation of Article 31(2). The court held that
compensation to be awarded 10 years later that too in bonds is too much illogical and
detrimental to the affected parties. It is probable that some citizens will not be able to
realize the fruits of the agreement due to the reasons of emergency situations such as
death. The court relied on the principle laid down in State of West Bengal v. Bela
Bannarjee[4]that the word “Compensation”in Article 31(2) means full indemnification.
After the decision of Bela Bannarjeethe Parliament enacted 4th Constitutional
(Amendment) Act, 1955 which provided that inadequacy of compensation cannot be a
552
ground to challenge the acquisition of private property. Despite this the court in P.
Vajravelu Mudaliar v. Special Deputy Collector, Madras[5]affirmed the ratio of Bela
Bannarjee. However, confusion was caused when the court reversed its stance and
overruled the earlier judgments in State of Gujarat v. Shantilal Mangaldas[6] . However,
rejecting the opinion in Shantilal Mangaldas and clearing all confusion upheld the ratio
of Bela Bannarjee.
This decision is also important in the sense it was the main driving force to the bench
who sat to decide the landmark case that changed the interpretation of Right to life &
liberty i.e. Maneka Gandhi v. Union of India[7]. The mutual exclusivity theory that was
propounded by the bench in Gopalan was rejected in R.C. Cooper and it was held that
each FR is dependent on one another for its survival. This interlinking of FR’s was late r
used in Maneka Gandhi.
The court also in its judgment dwelled on the aspect of Principles of Natural Rights vis-
à-vis FR’s and held that if the statutory provision which eliminates any Principle of
Natural Rights, then the court cannot ignore such elimination and is duty bound to make
the state follow them.
The Parliament in order to make its position more profitable enacted the
25th Constitutional (Amendment) Act, 1971 after the decision of R.C. Cooper that
proved contrary to its intention. Earlier the word “Compensation” in Article 31(2) was
interpreted as Parliament is liable to a just & equitable indemnification. This
interpretation was further affirmed by the apex court in Bela Bannarjee, P.
Vajravelu&finally in R.C. Cooper Therefore, to negate all these judgments and to make
their intention the law, Parliament amended the Constitution by enacting the
25th Constitutional (Amendment) Act, 1971.
553
25th Amendment
1. The parliament in order to clarify their stance that they are not bound to
adequately compensate the landowners amended Article 31(2) in case their
property is acquired by the state. The word “amount” was placed instead of
compensation in the provision.
2. Article 19(1)(f) was delinked from Article 31(2).
3. Article 31 C, a new provision was added to the Constitution to remove all
difficulties that
i. Articles 14, 19 & 31 are not to be applied to any law enacted under the fulfillment of
objectives laid down under Article 39(b) & 39(c).
ii. Any law to give effect to Article 39(b) & 39(c) will be immunized from court’s
intervention.
The word amount can be interpreted as any figure of money and that is not necessarily
an adequate, equitable amount.
Conclusion
The myth surrounding the judgment must be cleared by a thorough reading of the
judgment. In its essence the judgment everywhere upheld the legislature’s goals of
achieving the seeds of Socialism. However, at the same time the court was also
protecting the rights of citizens which were violated by the impugned act.
The judgment expanded the scope of protection of FR’s in the sense that it allowed the
shareholders to challenge the impugned act. The court when it ruled that the rights of
the citizens would not be ignored on just mere technicalities saved the rights that were
earlier violated an the affected parties had no remedy.
The use of Effect test in the decision to ascertain the validity of the act was a
commendable step taken by the judiciary to lift the veil and see behind the masks.
554
Therefore, the judgment is landmark in its every sense. This judgment was further used
in other landmark decisions such as Bennett Coleman & Maneka Gandhi which were
successful in shaping the constitution’s liberal approach.
555
Vs.
RESPONDENT:
P.N. SIKAND
DATE OF JUDGMENT01/04/1977
BENCH:
BHAGWATI, P.N.
BENCH:
BHAGWATI, P.N.
FAZALALI, SYED MURTAZA
CITATION:
1977 AIR 1657 1977 SCR (3) 418
1977 SCC (2) 798
CITATOR INFO :
R 1985 SC 339 (15,17)
ACT:
Wealth Tax Act 1957 (Act 27 of 1957)--S. 7 r/w ss.
i(e)(m), 3--Valuation of the lease-hold interest, when
attached with a restraint or disadvantage--"Net wealth" in
s. 2(m)--Whether 50% of unearned increase "payable" to the
lessor as per the agreement deductible out of the valuation.
HEADNOTE:
The respondent an assessee to wealth tax as an individual,
in the assessment for the assessment year 1968-69, valued
his property situate on plot No. 12, Block 39 Kautilya Marg,
Chanakyapuri in his return of net wealth @ Rs. 4,52,000 as
against the value of Rs. 6,00,000 shown by him in the previ-
ous years. The property consisted of leasehold interest in
the land together with a house built on it. The land be-
longed to the President of India and it was leased by the
President of India to one Vashesharan Devi on the terms and
conditions set out in an agreement of lease dated 30th
December, 1954 and the leasehold interest was acquired from
Vashesharan Devi by the assessee. Clause (13) of the lease
deed provided that the assessee shall not be entitled to
assign the leasehold interest in the land without obtain-
JUDGMENT:
(From the Judgment and Order dated the 4-4-1974 of the Delhi High Court in Wealth Tax Ref. No. 5
of 1972). R.M. Mehta and, P.L. Juneja, for the appellant. G.C. Sharma, M.L. Khanna, Anup Sharma,
Miss Jaswal K.K. and K.R. Jagaraja and D.K. Jain, for the respondent. The Judgment of the, Court
was delivered by BHAGWATI, J.--This appeal raises a rather difficult but interesting question of law
relating to valuation for the purpose of the Wealth Tax Act, 1957 of leasehold interest in land, when,
there is, a covenant in the lease that the lessee shall not be entitled to assign the leasehold inter- est
without obtaining the prior approval in writing of the lesson and the lessor shall be entitled to, claim
and recov- er from the, lessee a certain specified proportion of the unearned increase in the value of
the land at the time of the assignment.
13--436SCI/77 The controversy in this appeal, relates to the assess- ment year 1968-69, the relevant
valuation date being 31st December, 1967. The assessee is assessed to wealth tax as an individual.
His net wealth on the. valuation date included a property situate on plot No. 12, Block 39, Kauti- lya
Marg, Chanakyapuri. the property consisted of leasehold interest in the land together with a house
built upon it. The land belonged to the President of India and it was leased by the President of India
to one Vashesharan Devi on the terms and conditions set out in an agreement of lease dated 30th
December, 1954 and the leasehold interest was acquired from Vashesharan Devi by the assessee.
The premium for the grant of the lease was Rs. 24,400/- and the annual rent was fixed at Rs. 610/-,
subject to. certain variations. The terms and conditions of the lease are a little important and, so far
material, they may be reproduced as follows:
"13. the lessee shall before any assign- ment or transfer of the said premises hereby
demised or any part thereof obtain from the lessor or such officer or body as the
lessor may authorise in this behalf approval in writing of the said assignment or
transfer and all such assignees and transferees and the heirs of the lessee shall be
bound by all the covenants and conditions herein contained and the answerable in all
respect therefore. Provided also that the lessor be enti- tled to claim and recover a
portion of the unearned increase (i.e. the difference between the premium already
paid and current market value) in the value of land at the time of transfer (whether
such transfer is an entire site or only a part thereof), the amount to be recovered
being 50 per cent of the unearned increase.
The Lessor shall have a pre-emptive right to the property after deducting 50 per cent
of the unearned (torn) said."
The assessee constructed a large building on the land and the question arose as to how the leasehold
interest of the assessee in the land together with the building should be valued. This property had
been valued in the past assess- ment years at Rs. 6,00,000/- and the assessee had accepted this
valuation and not challenged it. But in the assessment for the assessment year. 1968-69 the assessee
valued this property in its return of net wealth at Rs. 4,52,000/- on the. basis of a certificate
obtained from M/s Anand Apte and Jhabvala, Architects who, are approved valuers recog- nised by
the Department. The Architects estimated the value of the property at Rs. 5,82,268/and from this
figure, they deducted a sum of Rs. 1,30,000/- representing 50 per cent of the: unearned increase in
the value of the land, which under the terms and conditions of the lease. belonged to the lessor and
arrived at the value of Rs. 4,52,000/-. The Wealth Tax Officer did not accept the estimate of the
valua- tion made by the Architects and taking the annual rent of Rs. 30,000/- fetched by the
property as the basis, computed the net annual rent at Rs. 82,956/-
and arrived at the figure of Rs. 8,29,560/- as the value of the property by applying the multiple of
ten. to the annual rental value of Rs. 82,956/-. The Wealth Tax Officer re- jected the claim of the
assessee to deduct from the value of the property 50 per cent of the unearned increase in the value of
the land on the ground that this claim was based "merely on hypothetical presumptions" but
reduced the value off the property from Rs. 8,29,560/- to Rs. 6,00,000/-, since that was the figure
accepted by the Revenue in the past assessment years. The assessee challenged the valua- tion made
by the Wealth Tax Officer in an appeal preferred before the Appellate Assistant Commissioner, but
the appeal was unsuccessful as the Appellate Assistant Commis- sioner took the same view as the
Wealth Tax Officer. The Tribunal also, in further appeal, affirmed the same view holding that "the
fact that the assessee might have to Pay 50 per cent of the unearned increase to the lessor does not
affect the valuation of the property under section 7 of the Wealth 'Tax Act" and the words used in
that section "make it clear that the estimate. which should be made by the Wealth Tax Officer is. of
the gross price" and hence no, part of the unearned increase was deductible in computing the value
of the property for the purpose of the Wealth 'fax Act. The Tribunal also upheld the rental method of
valuation of the property and finding that the valuation of Rs. 6,00,000/- adopted by the Wealth
Tax Officer was even less than eight times the annual rental value of Rs. 82,956/-, the Tribunal
declined to interfere with the valuation made by the Wealth Tax Officer.
The assessee thereupon applied to the Tribunal for making a reference to the High Court and on the
application of the assessee, the following question of law was referred by the Tribunal for the
opinion of the High Court:
"Whether on the facts and in the circum- stances of the case, the Tribunal was justi-
fied in law in taking the view that 50% of the unearned increase payable to the lessor
of the land formed part of, and was not deducti- ble out of, the valuation of the
property for the purposes of Wealth-tax Act ?"
The High Court took the view that the liability to pay 50 per cent of the unearned increase in the
value Of the land to the lessor at the time of the assignment was a disadvan- tage attached to the
leasehold interest in the land and hence its value was liable to be deducted from the value of the
property in arriving at the net wealth of the assessee and on this view, it answered the question in
the negative in favour of the assessee. This led to. the filing of the present appeal by the 'Revenue
after obtaining a certificate of fitness from the High Court.
It would be convenient' at the outset to refer to the relevant provisions of the Wealth Tax Act, 1957
before we .address ourselves to the question which arises for determination in the appeal, The
Wealth Tax Act, 1957 was passed by the Parliament in exercise of the legislative power conferred
under Entry 86 of List I of, the Seventh Schedule to the' Constitution and, as pointed out by Shah, J.,
ih Sudhir Chandra Nawa v. Wealth Tax Officer, Calcutta,(1) wealth tax "is a tax imposed' on the
capital value of the assets of individuals and companies on the valuation date ...... it is imposed on
the total assets which the assessee owns" and it is levied on the value of those assets. Section 3 is the
charging section and it provides that, subject to the other provisions contained in the Act, there shah
be charged for every assessment year commencing on and from the 1st day of April, 1957 a tax_in
respect of the net wealth on the corre- sponding valuation date of every individual, Hindu Undivided
Family and company at the rate or rates specified in the Schedule. Thus, wealth tax is a tax on the
net wealth of the assessee on the valuation date. Net wealth is de- fined in section 2(m) to mean "the
amount by which the aggregate value, computed in accordance with the provisions of this Act, of all
the assets, wherever located, belonging to the assessee on the valuation date, including assets
required to be included' in his net wealth as on that date under this Act, is in excess of the aggregate
value of all the, debts owed by the assessee on the-valuation date" other than debts failing within
certain specified categories. The word 'asset' used in section 2(m) is of the widest Signifi- cation and
under section 2(e), it includes property of every description, movable or immovable, barring certain
excep- tions which are not material for our purpose.- What is, therefore, necessary for the purpose
of determining the net wealth of the assessee is., first to compute the aggregate value of all assets
belonging to the assessee in accordance with the provisions of the Act and then to deduct from it the
aggregate value of all the debts, and the resultant which is obtained would be the net. wealth
assessable to tax. section 7, sub-section (1) lays down the. mode of determination of the value of an
asset for the purposes of the Act and it says that, subject to any rules made in this behalf, the value
of any asset other than cash "shall be estimated to be the price which, in the opinion of the Wealth
Tax Officer it would fetch if sold in the open market on the valuation date". Now, plainly one of the
assets belonging to the assessee in the present case was the lease- hold' interest in the land together
with the building upon it and for the purpose of computing the net wealth of the assessee, it was
necessary to determine the value of this asset. The question which must, therefore, be asked in
terms of section 7( 1 ) is: what would be the price which this asset would fetch if sold in the open
market on the valuation date ? This question cannot be satisfactorily answered, unless we first
determine what is the nature of this asset: what is the interest in property, qualitative as well as
quantitative, which this asset represents ?
The asset consists of leasehold interest of the asses- see in the land together with the building
constructed upon it. The building, of' course, belongs to the assessee having been constructed by
him and the determination of its value should not present any difficulty, because there are
recognised methods of valuation of buildings. The diffi- culty, however, arises. in regard to valuation
of the leasehold interest in-the land. The leasehold interest is held by the assessee. under a
lease-deed executed by the President of India and apart from (1) 69 I.T.R. 897.
clause (13), which we have reproduced above, it is an ordi- nary leasedeed of the usual kind. Clause
(13 ) of the lease-deed provides that the assessee shall not be entitled to assign the leasehold interest
in the land without obtain- ing the prior approval in writing of the lessor and 50 per cent of the
unearned in.crease in the value of the land at the time of the assignment shall be claimable by the
lessor, and moreover, if the lessor so desires, he shall have pre- emptive right to purchase the
property after deducting 50 per cent of the unearned increase in the value of the land. Does this
covenant merely impose a personal obligation on the lessee which ,arises on assignment of the
leasehold interest or it is a covenant running with the land ? That is a question which has a direct
bearing on the valuation of the leasehold, interest. Now, the last portion of the first paragraph of
clause (13) provides that "all such assignees and transferees .... shall be bound by all the covenants
and conditions herein contained and. be answerable in respect therefore". This means that
whenever an assign- ment of the leasehold interest is made by the lessee, the assignee would be
bound by all the covenants contained in the lease-deed and these would indisputably include the
covenant in clause (13 ). Clause (13 ) would equally bind the assignee and if the assignee in his turn
wants. to assign his leasehold interest in the land, he would have to obtain the prior approval in
writing of the lessor to such assignment and the lessor would be entitled to claim 50 per cent of the
unearned increase in the Value of the land. This indeed was not disputed on behalf of the Revenue.
The covenant in clause (13) is, therefore, clearly a cove- nant running with the land and it would
bind whosoever is the holder of the leasehold interest for the time being. It is a Constituent part of
the rights and liabilities and advantages and disadvantages which go to make up the lease- hold
interest and. it is an incident which is in the nature of burden on the leasehold interest. Plainly and
indis- putably it has the effect of depressing the value which the leasehold interest would fetch if
were free from this burden or disadvantage. Therefore, when the leasehold inter- est in the land has
to be valued, this burden or disadvan- tage attaching to the leasehold interest must be duly dis-
counted in estimating the price which the leasehold interest would fetch. To value the leasehold
interest on the basis that this burden or disadvantage were to be ignored would be to value an asset
different in content and quality from that actually owned by the assessee.--This was the principle
applied by the Judicial Committee in Corrie v. MacDemott,(1) an appeal from Australia, where the
question arose as to how certain land granted by the Government of Queensland to the trustees of
the Acclimatisation Society of Queensland to be used only for the purpose of the Society should be
valued on resumption by the Government. The trustees had no general power of sale but they were
by statute authorised to sell any part of the land to the local authority and to the National
Agricultural and Industrial Association. It was held by the judicial Committe that in view of this
restric- tion on the nature of the interest of the trustees in the land, the trustees were not entitled,
upon resumption of the land by the Government, to be paid unrestricted. free- hold value of (1)
[1914] A.C. 1056.
the land but only the value of the land to the trustees under the conditions upon which they held it.
The Judicial Committee pointed out that if the owner holds the property subject to restrictions, "it is
a necessary point of enquiry how far these restrictions affect the value" and the proper- ty cannot be
valued as if it were "unrestricted in any way". The burden or limitation attaching to the leasehold
interest in the present case must, therefore, be taken into account in arriving at the value of the
leasehold interest and it cannot be valued ignoring the burden or limitation. This problem can also
be looked at from a slightly different angle and this approach too would throw some light on the true
nature of the leasehold interest required to be valued. Let us approach the question from the point
of view of the lessor. What is the nature of the lessor's interest in the land ? The lessor has
undoubtedly the reversion, but coupled with it is also the right to 50 per cent .of the unearned
increase in the value of the land at the time of assignment of the leasehold interest by the lessee as
also the pre-emptive right to the land after deducting 50 per cent of the unearned increase from the
price obtainable by the lessee. This is the asset of the lessor which would have to be valued when the
lessor is sought to be assessed to wealth tax. The right to 50 per cent of the unearned 'increase on
assignment of the leasehold interest would certainly add to the value which the reversion would
other- wise fetch in the open market. Now, once it is granted that under the lease deed the lessor has
a bundle of rights, which includes 'something' more than the reversion, that 'something' would
necessarily be subtracted from the inter- est of the lessee and to that extent, the interest of the
'lessee would stand reduced. The interest of the lessee would be the leasehold interest minus that
'something'. What goes to augment the interest of the lessor would corre- spondingly reduce the
interest of the lessee and it Cannot be taxed as the wealth of both the lessor and the lessee. It would
be includable in the net wealth of the lessor and hence it cannot at the same time form part of the
wealth of the lessee and must be subtracted in determining the nature and extent of the interest of
the lessee.
That takes us to the question as to how the leasehold interest of the assessee with the burden or
limitation attaching under clause (13) of the lease-deed should be valued. It is clear from the
language of section 7, sub- sectiOn (1 ) that what the Revenue is required to do for the purpose of
determining the value of an asset is to assume that the asset which is to be valued is being sold in the
open market and to fix its value for the purpose of wealth tax upon that hypothesis. Now, whenever
the value of an asset has to be determined on the basis of a hypothetical_ sale, the court has
necessarily to embark upon speculations which may be quite difficult and in 'some cases, even arti-
ficial. Here the asset to be valued is the leasehold inter- est in the land with the burden or restriction
contained in clause (13) of the lease deed and the inquiry has, there- fore, to be directed to the
question as to what is the price which this asset would fetch if sold in the open market. What would
be the realisable value of this asset ? It would indeed be difficult to speculate as to what the
leasehold interest in the land would fetch in the open marker when it is affected by the burden or
restriction contained in clause (13) of the lease deed. If the lease- hold interest were free from this
burden or restriction, it' would be comparatively easy to determine its market value, for there are
recognised methods of valuation of leasehold interest, but where. the leasehold interest is cut down
by this burden or restriction and some right of interest is abstracted from it, the problem of
valuation becomes a difficult one and some method has to be evolved for resolv- ing it. The only way
it can be done in a case of this kind is by taking the market value of the leasehold interest as if it
were. unencumbered or unaffected by the burden or restriction of clause (13) and deducting from it,
50 per cent of the unearned increase in the value of the land on the basis of the hypothetical sale, as
representing the value of such 'burden or restriction.
There is also one other consideration which reinforces the adoption of this method of valuation.
When, for the purpose of valuation of the leasehold interest, it is as- sumed that the leasehold
interest is sold in the open market, the price received does not in its entirety belong to the assessee.
Fifty per cent of the unearned increase in the value of the land is diverted to the lessor by virtue of
the paramount title contained in clause (13) and when re- ceived by the assessee, it belongs to the
lessor. It is in truth and substance collected by the assessee on behalf of the lessor. What is received
by the assessee on his own account is only the price less 50 per cent of the unearned increase in the
value of the land and that represents the net realisable worth of the asset in the hands of the asses-
see. The Revenue contended that payment of 50 per cent of the unearned increase in the value of the
land to the lessor is really an instance of application of the price received by the assessee and not
diversion of a part of the price by paramount title and hence the whole of the price must be taken as
the measure of the wealth of the assessee. But this contention is, in our opinion, not well founded
and cannot be sustained. The true test for determining whether a payment made by an assessee out
of an amount received by him is an application of part of the amount which belongs to him or it is
payment of an amount which is diverted before it reaches the assessee so that at the time of receipt,
it belongs to the payee and not to the assessee, has been explained by Hidayatullah, J., in C. 1. T.v.
Sitadas Tirath- das(1) in the following words:
"In our opinion, the true test is wheth- er the amount sought to be deducted, in truth,
never reached the assessee as hi's income. Obligations, no doubt, there are in every
case but it is the nature of the. obli- gation which is the decisive fact. There is a
difference between an amount which a person is obliged to apply out of his income
and an amount which by the nature of the obligation cannot be said to be a part of the
income of the assessee. Where by the obligation income is diverted before it reaches
the assessee, it is deductible; but where the income is re- quired to be applied to
discharge an obliga- tion after such income reaches the 41 I.T.R. 367.
assessee, the same consequence, in law, does not follow. It is the first kind of
payment which can truly be excused and not the second. The second payment is
merely an.obligation to pay another a portion of one's own income, which has been
received-and is since applied. The first is a case in which the income never reaches
the assessee, who, even if he were to collect it, does so, not as part of his in- come, but
for and on ,behalf of the person to whom it is payable. In our opinion, the present
case is one in which the wife and children of the assessee who continued to be
members of the family received a portion of the income of the assessee, after the
assessee had received the income as his own. The case is one of application of a
portion of the income to discharge an obligation and not a case in which by an
overriding charge the assessee became only a collector' of another's income."
It is clear on the application of this test that in the present case, 50 per cent of the unearned increase
iii the value of the land would be diverted to the lessor before it reaches the hands of the assessee as
part of the price. The assessee holds the leasehold interest on condition that if he assigns it, 50 per
cent of the unearned increase in the value of the land will be payable to the lessor. That is the
condition on which he has acquired the leasehold inter- est arid hence 50 per cent of the unearned
increase in the value of the land must be held to belong to the lessor at the time when it is received
by the assessee and it would not be part of the net realisable worth of the leasehold interest in the
hands of the assessee. If a question is asked as to what is the real wealth of the assessee in terms of
money so far as the leasehold interest is concerned, the answer would inevitably be that it is the
price less 50 per cent of the unearned increase in the value of the land. It is difficult to see how 50
per cent of the unearned increase in the value of the land which belongs to the lessor can be
regarded as part of the wealth of the asses.see. The posi- tion would undoubtedly be different where
a payment is made by an assessee which is an application of a part of the price received by him.
Where such is the case, the whole of the price would represent the net realisable worth of the asset
in the hands of the assessee and what is paid out by the assessee would be merely a disbursement
made after the price reaches the assessee as his own property. That was the position in Pardit Lakshi
Kant Jha v. Commissioner of Wealth-Tax, Bihar(1) where the question arose whether the
expenditure in connection with brokerage, commission or other expenses which would be liable to
be incurred by the assessee in effectuating a sale would be deductible from the market value of the
shares in determining their value for the purpose of assessment to wealth tax. This Court held that
in computing the value of the shares, the assessee is not entitled to deduction of brokerage and
commission from the valuation of the shares as given in,the Stock Exchange quotations or
quotations furnished by well known brokers. It was pointed out by this Court that:
"It is not... the amount which the vendor would receive after deduction of this expense, but the price
which the asset would fetch when sold in the open market which would constitute the value of the
asset for the purpose of section 7(1) of the Act". Obviously, this view 'was taken because the entire
price, when received, would belong to the asses- see and payment of brokerage and commission
would be merely application of part of the price in meeting expenditure necessary for effectuating
the sale and hence it would not be deductible in ascertaining the net realisable worth of the shares in
the bands of the assessee.
We are, therefore, of the view that the question re- ferred by the Tribunal must be answered in the
negative and it must be held that in determining the value of the lease- hold interest of the assessee
in the land for the purpose of assessment to wealth tax, the price which the leasehold interest would
fetch in the open market were it not encum- bered or affected by the burden or restriction contained
in clause (13) of the lease deed, would have to be reduced by 50 per cent of the unearned increase in
the value of the land on the basis of the hypothetical sale on the valuation date. The appeal
accordingly Fails and must be dismissed with costs.
S. R. Appeal dismissed.
“Wenger & Co. Vs. DVO (1978) 115 ITR 648 Delhi HC”
568
1. By this petition under Article 226 of the Constitution of India what is challenged is a valuation
report dated July 20, 1974, submitted by the District Valuation Officer to WT/ITO, Special Circle XI,
New Delhi, in pursuance of the reference made to him by the WT/ITO under the provisions of
Section 16A of the W.T. Act, 1957. The fair market value assessed at Rs. 32,80,000 by the impugned
report is of a property known as " Wenger Building" in Block A, Connaught Place, New Delhi.
2. The aforesaid building was constructed by one Sir Sobha Singh of New Delhi on a plot of land
leased to him by the then Secretary of State for India in 1924. The lease was in perpetuity. After
constructing the building Sir Sobha Singh let out diverse portions of the building to different
persons. M/s. Wenger & Co., predecessor-in-interest of the petitioners, took on rent from Sir Sobha
Singh the following portions of the said building :
3. The confectionary shop on the ground floor and the hall and veranda on the first floor bear
Municipal No. A-16. The kitchen on the first floor bears Municipal No. A-3. The rest of the building
was with other tenants. In 1956, a small space under the main staircase leading to the hall in the
tenancy of Wenger & Co. was also taken on rent by the petitioners from Sir Sobha Singh at a rent of
Rs. 100 p.m. The rent for the confectionary shop on the ground floor was Rs. 402.18 p.m., for the
hall and veranda on the first floor Rs. 625 p.m. and for the kitchen on the first floor Rs. 75 p.m. Sir
Sobha Singh sold the said building and his leasehold rights by different sale deeds to Dayal Singh
Library Trust Society and Shri Moolchand Kharaiti Ram Trust. The petitioners purchased the entire
building by two sale deeds, one executed by Dayal Singh Library Trust Society on March 9, 1962,
and the other by Shri Mool Chand Kharaiti Ram Trust executed on September 27, 1973. It may be
noticed by a deed of partnership dated June 18, 1962, between petitioners Nos. 2 to 6, a partnership
firm was constituted (petitioner No. 1). This firm took over the business of Wenger Co., which was
being previously run by a partnership constituted by petitioners 2, 3, 4 and 6.
4. By October, 1963, the position was that the owners of the building and leasehold rights were in
occupation of the confectionary shop on the ground floor, a ball with veranda on the first floor, a
kitchen on the first floor and a space underneath the staircase leading to the hall on the first floor.
The rest of the building was with tenants inducted by Sir Sobha Singh who attorney to petitioner No.
1. On April 27, 1966, Smt. Jaswant Kaur, a tenant in the flat bearing Municipal No. A-30, was
evicted through court and the possession of these premises also came to be- with petitioner No. 1. In
1967, petitioner No. 1 after taking municipal sanction constructed a mezzanine floor on its
confectionary shop bearing Municipal No. A-16 and on the shop occupied by a tenant, M/s. Nath &
Co., bearing Municipal No. A-15. This mezzanine floor was rented out to the American Express
International Banking Corporation (Travel Division) on a rent of Rs. 6,187.50 p.m. The older
tenants continued to pay the same rent as before on account of rent restriction laws.
5. For the purposes of municipal taxes computed under the provisions of the Punjab Municipal Act,
as in force in New Delhi, the annual letting value of the aforesaid building had been fixed on the
basis of rent received by petitioner No. 1 from its tenants and the rent that was being paid to Sir
Sobha Singh when the predecessors-in-interest of the petitioners were tenants under Sir Sobha
Singh. The annual letting value of the portions let out had been fixed at Rs. 82,612.56 while the
annual letting value in the occupation of the petitioners had been fixed at Rs. 89,391.66.
6. The petitioners submitted a wealth-tax return of the partnership. The WT/ITO, Special Circle XI,
New Delhi, respondent No. 2, in exercise of the powers conferred on him by Section 16A(1)(a) of the
W.T. Act, 1957, referred the matter of valuation of the said building to the District Valuation Officer
on May 7, 1974. The District Valuation Officer, respondent No. 1, issued a notice dated June 11, 1974,
under Section 16A(4) of the W.T. Act to Shri B. M. Tandon, petitioner No, 2, indicating that while he
proposed to accept the existing annual letting value for the portions in the occupation of the tenants,
he proposed to estimate the fair market value of the portions in the occupation of petitioner No. 1 at
Rs. 27,96,000 as on March 31, 1972. Though the notice was sent in the name of Shri B. M. Tandon,
petitioner No. 1 filed objections to the proposed revision of the fair market value of the premises in
its occupation. Thereafter, the premises were inspected and the petitioners were heard by the
District Valuation Officer but he maintained the proposed valuation which he had indicated in his
notice dated June 11, 1974. The fair market value of the entire building was thus assessed by
respondent No. 1 atRs. 32,80,000 as on March 31, 1972. It is this report which is challenged before
us.
7. The grounds of challenge are that respondent No. 1 had no cogent evidence or basis in fixing the
fair market value of the portion in the occupation of the petitioners at Rs. 27,96,000. Further,
respondent No. 1 has relied on some information which he had but which was never disclosed to the
petitioners and the source of that information is still not disclosed. Alternatively, it has been
submitted that the impugned information is with regard to rents or prices of newly constructed flats
in multi-storeyed buildings near about Connaught Place and the same could not be a valid basis for
finding out the fair market value of the premises in the occupation of the petitioners.
8. The respondents have filed an affidavit sworn by Shri N.C. Jayaraman, District Valuation Officer
(respondent No. 1), by way of return to the rale nisi. It has been urged that no petition under Article
226 of the Constitution is maintainable and no writ of certiorari can be issued against the report of
respondent No. 1 because the report is not a final order. The said report, it is contended, is
submitted to the WTO who then has to pass an order under the W.T. Act making an assessment in
respect of the said building of the petitioner. Against 'the order of assessment the petitioners can
prefer an appeal. The assessment order may affect the rights of the petitioners but, it is contended,
the impugned report does not, and the order is also appealable making the writ unavailable. On
merits, respondent No. 1 has stated that the computation of annual letting value for the purpose of
house-tax under the Punjab Municipal Act is no criterion for the purpose of fixing the valuation of
the property for the purposes of W.T. Act. Further, ij; is stated that though the report given by -the
District Valuation Officer is binding on the WTO it is not binding on the appellate authorities under
the Act and so, the report does not, in any way, affect the rights of the petitioners. He asserts that he
acted within his jurisdiction and in accordance with law. He gave opportunity to the petitioners who
not only participated in the inspection of the property but submitted oral and written arguments
against the proposed assessment by him. He states that he valued self-occupied property separately
from let out properly with restrictions placed on evictions. According to him, he ascertained the
market value keeping in view as to what price it would fetch if it was sold in open market with
possession and without possession. According to him, this was not the rent that the property would
fetch if let out to a hypothetical tenant but the price it would fetch if sold in open market to a
hypothetical buyer which was relevant. He adopted two methods to value the property. For the
owner, occupied portion he calculated the value on the basis of what were the rates prevailing for
sale of commercial flats in Connaught Place Extension Area. For the tenanted portion he capitalised
the rental value. As far as the value of land is concerned, he took note of the fact that it was a lease in
perpetuity and the building thereon would last for another 25 years. Thereafter, the land value was
added at Rs 3,200 per square yard. This land value he worked out on the basis of sale of an adjacent
property bearing No. 9-A in Connaught Place, New Delhi. That property was sold in August, 1973,
for Rs. 8 lakhs. It is constructed on 212 sq. yds. of land and is a double-storeyed structure with a
plinth area of 4,188 sq. ft. The construction was of the same specifications as the property in
question. The depreciated cost of the structure, according to respondent No. 1, was Rs. 15 per sq. ft.
After deducting the depreciated cost of structure from the total sale price, he arrived at a figure of
Rs. 7,37,180 for 212 sq. yds. of land. This works to Rs. 3,477 per sq. yard. Respondent No. 1,
however, adopted a lesser figure of Rs. 3,200 per sq. yard in the case of land of the petitioners'
property.
9. The petitioners filed a rejoinder and asserted that petition under Article 226 of the Constitution
was maintainable. They further said that the basis of fixing the market price at the rate of Rs. 275
per sq. ft. was not disclosed at the hearing and there was no material before respondent No. 1 to
adopt that. They reiterated that the whole basis of the report was conjectural and, therefore, illegal
and invalid.
10. Section 3 of the W.T. Act, 1957, provides that subject to the other provisions in the Act there
shall be charged for every assessment year commencing on and from the first day of April, 1957, a
tax in respect of the net wealth on the corresponding valuation date of every individual, Hindu
undivided family and company at the rate or rates specified in the Schedule to the Act. Every person,
if bids net wealth is liable to tax under the said Act, is required by Section 14 of the said Act to
submit return in the prescribed form to the prescribed authorities. The computation of net wealth is
to be made in accordance with certain other provisions of the Act. Section 16 provides that it the
WTO is satisfied without requiring the presence of the assessed or production by him of any
evidence that a return made by the assessed is correct and complete he shall assess the net wealth of
the assessed and determine the amount of the wealth-tax payable by him or the amount refundable
to him on the basis of such return. If he is mot satisfied with the return filed, he has to give notice to
the assessed to appear in person or produce or cause to be produced such evidence as he may have
in support of the return. After hearing the evidence produced and such other evidence as he may
require, the WTO is to then make an assessment. Section 16A of the W.T. Act reads as under :
" 16A. Reference to valuation officer,--(1) For the purpose of making an assessment including an
assessment in respect of any assessment, year commencing before the date of coming into force of
this section under this Act, the Wealth-tax Officer may refer the valuation of any asset to a Valuation
Officer-
(a) in case where the value of the asset as returned is in accordance with the estimate made by a
registered valuer, if the Wealth-tax Officer is of opinion that the value so returned is less than its fair
market value;
(i) that the fair market value of the asset exceeds the value of the asset as returned by more than
such percentage of the value of the asset as returned or by more than such amount as may be
prescribed in this behalf ; or
(ii) that having regard to the nature of the asset and other relevant circumstances, it is necessary so
to do.
(2) For the purpose of estimating the value of any asset in pursuance of a reference under
Sub-section (1) the Valuation Officer may serve on the assessed a notice requiring him to produce or
cause to be produced on a date specified in the notice such accounts, records or other documents as
the Valuation Officer may require.
(3) Where the Valuation Officer is of opinion that the value of the asset has been correctly declared
in the return made by the assessed under Section 14 or Section 15, he shall pass an order in writing
to that effect and send a copy of his order to the Wealth-tax Officer and to the assessed.
(4) Where the Valuation Officer is of opinion that the value of the asset is higher than the value
declared in the return made by the assessed under Section 14 or Section 15, or where the asset is not
disclosed or the value of the asset is not declared in such return or where no such return has been
made, the Valuation Officer shall serve a notice on the assessed, intimating the value which he
proposes to estimate and giving the assessed an opportunity to state, on a date to be specified in the
notice, his objections either in person or in writing before the Valuation Officer and to produce or
cause to be produced on that date such evidence as the assessed may rely in support of his
objections.
(5) On the date specified in the notice under Sub-section (4) or as soon thereafter as may be, after
hearing such evidence as the assessed may produce and after considering such evidence as the
Valuation Officer may require on any specified points and after taking into account all relevant
material which he has gathered, the Valuation Officer, shall, by order in writing, estimate the value
of the asset and send a copy of his order to the Wealth-tax Officer and to the assessed.
(6) On receipt of the order under Sub-section (3) or Sub-section (5) from the Valuation Officer, the
Wealth-tax Officer shall, so far as the valuation of the asset in question is concerned, proceed to
complete the assessment in conformity with the estimate of the Valuation Officer."
11. Section 23 of the Act, inter alia, provides that any person objecting to the amount of net wealth
determined under this Act or objecting to the amount of wealth-tax determined as payable by him
under the Act may appeal to the AAC against the assessment or order, as the case may be, in the
prescribed form. The AAC is to then dispose of the appeal after giving a hearing to the assessed.
From the order of the AAC a further appeal is provided by Section 24 to an Appellate Tribunal which
again has to afford a hearing to the assessed. Section 27 of the Act provides for a reference to the
High Court by the Appellate Tribunal of any question of law arising out of its order. An appeal is
provided from the decision of the High Court by Section 29 of the Act.
12. The preliminary objection raised by the respondents to the maintainability of the petition is that
because the impugned report is not an order and an appeal is provided for against an order of
assessment, there is an alternative remedy available to the petitioners and so, a petition under
Article 226 of the Constitution is not maintainable. In our opinion, the objection cannot be
sustained. The petitioners are not coming against an assessment order. Their complaint is in respect
of a report which respondent No. 1 has submitted to respondent No. 2 and which report must be
accepted by respondent No. 2 by virtue of the provisions of Sub-section (6) of Section 16A. The
report is, no doubt, a step in the final process of assessment but the assessment order that
respondent No. 2 has to pass cannot be anything except the valuation determined by the impugned
report. If the report is based on no evidence, is arbitrary, is fanciful or is based on undisclosed
material, the writ of certiorari will be available to the petitioners. No doubt it is only after
respondent No. 1 has passed an order of assessment that the petitioners would be obliged to pay
wealth-tax, all the same in view of the provisions of Sub-section (6) of Section 16A, it cannot be said
that the impugned report does not affect the rights of the petitioners, The scheme of Section 16A is
such, that respondent No. 1 must be held to be acting not merely administratively but in somewhat
quasi-judicial manner. If that is correct, then he has to arrive at his conclusion in accordance with
norms postulated by the principles of natural justice. The petitioners are entitled to show that
respondent No. 1 has based his report on irrelevant material or that it was based on no material
germane to the issue. They are also entitled to show that Ms approach is conjectural and not
objective, It may, perhaps, be going too far to say that the proceedings before respondent No. 1 are
quasi-judicial proceedings but it may not be inappropriate to hold that the power exercised by
respondent No. 1 is a quasi-judicial power and not mere administrative power. Indeed, the dividing
line between administrative power and quasi-judicial power is gradually being obliterated. As was
observed by the Supreme Court in A. K. Kraipak v. Union of India, " The dividing line between an
administrative power and a quasijudicial power is quite thin and is being gradually obliterated. For
determining whether a power is an administrative power or a quasi-judicial power one has to look to
the nature of the power conferred, the person or persons on whom it is conferred, the framework of
the law conferring that power, the consequences ensuing from the exercise of that power and the
manner in which that power is expected to be exercised. In a welfare State like ours it is inevitable
that the organ of the State under our Constitution is regulated and controlled by the rule of law. In a
welfare State like ours it is inevitable that the jurisdiction of the administrative bodies is increasing
at a rapid rate. The concept of rule of law would lose its validity if the instrumentalities of the State
are not charged with the duty of discharging their functions in a fair and just manner. The
requirement of acting judicially in essence is nothing but a requirement to act justly and fairly and
not arbitrarily or capriciously. The procedures which are considered inherent in the exercise of a
judicial power are merely those which facilitate if not ensure a just and fair decision. In recent years
the concept of quasi-judicial power has been undergoing a radical change. What was considered as
an administrative power some years back is now being considered as a quasi-judicial power. "
13. In the same case, the Supreme Court noticed with approval the observations of Lord Parker C.J.,
in Reg v. Criminal Injuries Compensation Board, Ex parte Lain [1967] 2 QB 864 to the following
effect " ' With regard to Mr. Bridge's second point I cannot think that Atkin L.J. intended to confine
his principle to cases in which the determination affected rights in the sense of enforceable rights.
Indeed, in the Electricity Commissioners case [1924] 1 KB 171 (CA), the rights determined were at
any rate not immediately enforceable rights since the scheme laid down by the Commissioners had
to be approved by the Minister of Transport and by resolutions of Parliament. The Commissioners
nevertheless were held amenable to the jurisdiction of this court. Moreover, as can be seen from Rex
v. Postmaster-General, Ex parte, Carmichael [1928] 1 KB 291 (DC) and Rex v. Boycott, Ex parte
Keasley [1939] 2 KB 651 (DC) the remedy is available even though the decision is merely a step as a
result of which legally enforceable rights may be affected.
The position as I see it is the exact limits of the ancient remedy by way of certiorari have never been
and ought not to be specifically defined. They have varied from time to time being extended to meet
changing conditions. At one time the writ only went to an inferior court. Later its ambit was
extended to statutory Tribunals determining a Us inter Paries. Later again it extended to cases
where there was no lis in the strict sense of the word but where immediate or subsequent rights of
citizen were affected. The only constant limits throughout were that it was performing a public duty.
Private or domestic Tribunals have always been outside the scope of certiorari since their authority
is derived solely from contract, that is, from the agreement of the parties concerned.
Finally, it is to be observed that the remedy has now been extended, see Reg v. Manchester Legal Aid
Committee, Ex parte R. A. Brand and Co. Ltd. [1952] 2 QB 413 (DC), to cases in which the decision
of an administrative officer is only arrived at after an inquiry or process of a judicial or quasi-judicial
character. In such a case, this court has jurisdiction to supervise that process.
We have as it seems to me reached the position when the ambit of certiorari can be said to cover
every case in which a body of persons of a public as opposed to a purely private or domestic
character has to determine matters affecting subjects provided always that it has a duty to act
judicially. Looked at in this way the board in my judgment comes fairly and squarely, within the
jurisdiction of this court. It is, as Mr. Bridge said, " a servant of the Crown charged by the Crown, by
executive instruction, with the duty of distributing the bounty of the Crown ". It is clearly, therefore,
performing public duties.' "
14. Respondent No. 1 is performing a statutory duty in giving a report under Section 16A of the Act.
He is obliged by the statute to give notice to the assessed requiring him to produce or cause to be
produced on a date specified in the notice, accounts, records and other documents. If the valuation
officer does not agree with the valuation given by the assessed he has to intimate the assessed the
value which he proposes to estimate and after giving an opportunity to the assessed to contest the
proposed valuation and produce evidence in support of his contest, fix a valuation. The very nature
of proceedings, therefore, persuades us to hold that certiorari would be available against such a
report.
15. Coming now to the impugned report, as we have noticed earlier, respondent No. 1 has adopted
the rate for sale of ownership fiats of new buildings in the Connaught Place Extension Area to fix the
valuation of the owner-occupied portion of the petitioners' building. This is challenged. The
valuation fixed by respondent No. 1 and the basis adopted by him for fixing the valuation of the
tenanted portions is not under challenge, Respondent No. 1 has fixed the rate of Rs. 3,200 per
square yard for the land calling it " the reversionary value of the land ". This is challenged. We have
already noticed earlier how he had arrived at this valuation.
16. According to the petitioners the valuation should have been done on the basis of the annual
letting value fixed for the tenanted portions and self-occupied portion by the New Delhi Municipal
Committee in consonance with the principles laid down by a Full Bench of this court in Dewan
Daulat Ram Kapur v. New Delhi Municipal Committee, 2nd [1973] 1 Delhi 363. The contention is
that the fair market value is dependant on the standard rent which can be charged for the various
portions of the building and a hypothetical purchaser would keep that in view in quoting his price.
Though some portions of the building are self-occupied the major part of this portion was originally
on rent with the petitioners and, therefore, the rent that the hypothetical purchaser would be able to
get for that portion would be the same as was the standard rent. Capitalisation of the standard rent
would thus, according to the petitioners, be the best way of finding out the fair market value. As we
have noticed earlier, the standard rent and the annual letting value have been taken as the basis for
fixing the fair market value by respondent No. 1 of the tenanted portion. But that basis is not
adopted for the owner occupied portion.
17. In our opinion, that the contention of the petitioners that valuation of the self-occupied portion
should have been done on the basis of standard rent or annual letting value is not well founded. It is
a well-known fact that giving vacant possession of buildings, though previously rented out, fetches
better market price. It cannot be assumed that the hypothetical purchaser would let out the
self-occupied portions which he buys from the hypothetical seller or would let out such portions in
the condition in which he buys them. Therefore, the very premise on which the argument is founded
is faulty. In any case, respondent No. 1 rejecting this contention cannot be said to have acted in such
an unreasonable or so unconscionable a manner as to invite interference by this court.
18. As far as the basis adopted by respondent No. 1 is concerned, here again it cannot be said that
the approach was irrational, based on no material or unconscionable. It is one of the settled
principles of valuation that market value has to be ascertained by considering sales of similar
properties in the same neighborhood or similar environment. If there are no such instances of sales
available then capitalisation of rent or making some sort of comparative evaluation of sales of other
properties is an acceptable mode of valuation. A certain amount of guesswork would be there if no
exactly similar instance of sale is available. la that case an estimate has to be made which need not
necessarily be a mathematical calculation. As we find it, the basic material relied upon by
respondent No. 1 is the sale price of a similar building in Connaught Place for Rs. 8 lakhs. The
calculation arrived at has been cross-checked by him by referring to transactions of ownership of
commercial flats in Connaught Place Extension Area and the resolutions of a conference of 200
valuers in India held at Bombay in June, 1972. The estimated rental method adopted by respondent
No. 1 was not his innovation but an accepted method.
19. The petitioners had full opportunity to give evidence of valuation and contest the proposed
valuation by respondent No. 1. They could have produced tangible evidence of what could be the fair
market value. Instead they relied only on the annual letting value. This contention was not accepted
vis-a-vis self-occupied property. In our view the method adopted by respondent No. 1 and his
approach is not only acceptable but in keeping with principles of evaluation. Thus, the report of
respondent No. 1 cannot be said to be one based merely on conjectures and surmises.
20. The result is that the petition fails and we hereby discharge the rule. In the circumstances of the
case we make no order as to costs.
Vs.
RESPONDENT:
REVENUE DIVISIONAL OFFICER
DATE OF JUDGMENT25/01/1994
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
VENKATACHALA N. (J)
CITATION:
1994 SCR (1) 368 1994 SCC (4) 595
JT 1994 (2) 604 1994 SCALE (2)298
ACT:
HEADNOTE:
JUDGMENT:
ORDER
1. The appellant is the owner of 18 gunthas of land, i.e., 2178 sq. yards, situated in Ward No. 5, Block
No. 7 in Adilabad Municipality of A.P., which was proposed for acquisition under notification issued
under Section (1) of the Land Acquisition Act and published on April 17, 1975, for a public purpose.
The Land Acquisition officer awarded compensation on the basis of letting value. On reference
under Section 18, the Additional District Judge, Adilabad in his award and decree enhanced the
market value to Rs 75 per sq. yard. Not having been satisfied, the appellant filed the appeal in the
High Court and claimed Rs 300 per sq. yard. The High Court by the impugned judgment and decree
dated 29-10-821, dismissed the appeal.
2. Shri A.K. Ganguli, the learned Senior Counsel for the appellant contended that the High Court
having accepted that the acquired lands were situated in the heart of the municipal area; the State
Bank of Hyderabad and the Andhra Bank were located on the eastern and western sides across the
roads; Gandhi Chowk Market and Ambedkar Chowk Market also existed on the National Highway
towards Nagpur each at a distance of 200 yards from the land; two cinema theatres were situated at
a distance of 50 to 60 yards from the acquired site; three cooperative consumers' stores were
situated at a short distance of 10 yards from the acquired land; the Basic Valuation Register showed
that for stamp duty the Revenue Authorities had fixed the market value in commercial area at Rs
300 (on complaints being reduced to Rs
250) and for residential area Rs 75 per sq. yard, it should have seen that the land had a very high
market value. The Revenue Authorities themselves having determined market value in that area at
Rs 300 per sq. yard for purposes of stamp duty, unless the respondent produced contra-evidence,
which was not done, the Basic Valuation Register formed foundation to determine the market value
of acquired land at Rs 300. The fixation of market value at Rs 75 per sq. yard was unjust and
arbitrary. It is also contended that the appellant is entitled to interest at 6% under the Act. The State
Act has no application to and the owner cannot be discriminated in payment only at the rate of 4%,
while other land acquired for Central Government would get interest at the rate of 6%.
3. Having given anxious consideration to the contentions we find them to be without force. Though
the District Court fixed the market value at the rate of Rs 75 per sq. yard, the State did not file any
cross-objection or appeal. So the need for the High Court to go into the question whether fixation of
the market value at Rs 75 per sq. yard was high did not arise. The High Court held that the post-
notification sale deeds were not admissible as none of the persons connected with them were
examined to establish the genuineness of the sales or of similarity of the lands acquired and those
covered in the sale transactions. It also rejected the agreements of sales finding them to be those
fabricated to inflate the market value. We cannot find fault with the approach made by the High
Court in the facts and circumstances of the case. The sales claimed to be comparable were rightly
not acted upon.
4. The High Court found that Basic Valuation Register had no evidentiary value, in that it had no
statutory basis. Therefore, the entries in the Basic Valuation Register cannot form the basis to
enhance the market 1 AIR 1983 AP 155 value. The contention of Shri Ganguli, as stated earlier was
that the Basic Valuation Register, prepared in official capacity by Revenue Department having been
acted upon to collect stamp duty and registration charges at Rs 300 per sq. yard for commercial use,
the Government cannot ask the court to adopt different standards to award market value under
Section 23(1). Having regard to the fact that the lands are situated in commercial area of the busy
town, the appellant is entitled to the market value at Rs 300 per sq. yard, Firstly, the contention that
the lands are to be treated as of commercial area cannot be accepted to be totally correct.
Admittedly, the appellant had not prepared nor got approved any lay-out demarcating as sites either
for commercial purpose or for residential purpose. The entire extent of 2178 sq. yard cannot be
treated as capable of being sold only for commercial purpose. May be the lands abutting the main
road were capable of being sold for commercial purpose. But the entire land, unless there is proof of
lay-out and demarcation for commercial purpose, cannot be treated as land available for
commercial purpose. In addition the entire land cannot be earmarked for sites unless some land is
set apart under the Building Rules for laying roads. Deduction ought equally to be made for further
developmental purposes. The entire land cannot be treated to be possessed of commercial value.
Under Section 24 clause sixthly of the Act, in fact, the future potential use is not relevant but
decided cases show that it may be a factor to be kept in view in an appropriate case for determining
the market value. In this case, there is no evidence on record except the Basic Valuation Register
admittedly maintained by the authorities.
5. The question, therefore, is whether the Basic Valuation Register is evidence to determine the
market value. This Court in Special Land Acquisition Officer v. T. Adhinarayan Setty2 in paragraph
9 held that the function of the Court in awarding compensation under the Act is to ascertain the
market value of the land at the date of the notification under Section 4(1). The methods of valuation
may be (1) opinion of experts (2) the price paid within a reasonable time in bona fide transactions of
purchase of the lands acquired or the lands adjacent to the lands acquired and possessing similar
advantages; and (3) a number of years purchase of the actual or immediately prospective profits of
the lands acquired. Same was the view in Tribeni Devi v. Collector of Ranchi3. It was reiterated in
catena of decisions, vide, Periyar and Pareekanni Rubbers Ltd. v. State of Kerala4. Therefore, it is
settled law that in determining the market value, the Court has to take into account either one or the
other three methods to determine market value of the lands appropriate on the facts of a given case
to determine the market value. Generally the second method of valuation is accepted as the best.
The question, therefore, is whether the Basic Valuation Register would form foundation to
determine the market value. The Indian Stamp Act, 1899 2 AIR 1959 SC 429: 1959 Supp 1 SCR 404 :
1959 Cri LJ 526 3 (1972) 1 SCC 480 :(1972) 3 SCR 208 4 (1991) 4 SCC 195 provides the power to
prescribe stamp duty on instruments, etc. Entry 44 of List 111, Concurrent List, of the VIIth
Schedule read with Article 254 of the Constitution empowers the State Legislature to amend the
Indian Stamp Act, 1899. In exercise thereof all the State Legislatures including the Legislature of
A.P. amended the Act and enacted Section 47-A empowering the registering officer to levy stamp
duty on instruments of conveyance, etc., if the registering officer has reason to believe that the
market value of the property, covered by the conveyance, exchange, gift, release of right or
settlement, has not been truly set forth in the instrument, he may refuse registering such instrument
and refer the same to the Collector for determination of the market value of such property and the
proper duty payable thereon. On receipt of such opinion, he may call upon the vendor as per the
rules prescribed, to pay the additional duty thereon. If the vendor is dissatisfied, he has been given
the right to file an appeal and further getting reference made to the High Court for decision in that
behalf. Section 47-A would thus clearly show that the exercise of the power thereunder is with
reference to a particular land covered by the instrument brought for registration. When he has
reasons to believe it to be undervalued, he should get verified whether the market value was truly
reflected in the instrument for the purpose of stamp duty; the Collector on reference could
determine the same on the basis of the prevailing market value. Section 47-A conferred no express
power to the Government to determine the market value of the lands prevailing in a particular area,
village, block, district or the region and to maintain Basic Valuation Register for levy of stamp duty
for registration of an instrument, etc. No other statutory provision or rule having statutory force has
been brought to our notice in support thereof. Whether an instrument is liable for higher stamp duty
on the basis of valuation maintained in the Basic Valuation Register, came up for consideration in
Sagar Cements Ltd. v. State of A.p.5 B.P. Jeevan Reddy, J., as he then was, considered the question
and held that the Government has unilaterally fixed the valuation of the lands, the Basic Valuation
Register had no statutory foundation and therefore it does not bind the parties. Neither the
Registrar nor the vendor is bound by it. The market value of the land for proper stamp duty has to
be determined as per the law under Section 47-A itself. That view was followed by another learned
Single Judge in P. Sasidar v. Sub-Registrar6. It is, therefore, clear that the Basic Valuation Register
prepared and maintained for the purpose of collecting stamp duty has no statutory base or force. It
cannot form a foundation to determine the market value mentioned thereunder in instrument
brought for registration. Equally it would not be a basis to determine the market value under Section
23 of the Act, of the lands acquired in that area or town or the locality or the taluk etc. Evidence of
bona fide sales between willing prudent vendor and prudent vendee of the lands acquired or
situated near about that land possessing same or similar advantageous features would furnish basis
to determine market value. The 5 (1989) 3 Andh LT 677 6 (1992) 1 Andh LT 49 Division Bench
followed, in support of its view a decision of another Division Bench in Land Acquisition Officer v.
Venkateswara Prasad7 which also decided that Basic Valuation Register cannot be relied on to
determine the market value. It would appear that in Govt. of A.P. v. Sohan Lal8 a Division Bench of
that High Court, without noticing these two binding decisions, held that the Basic Valuation
Register would form foundation to determine the market value and directed to determine the
compensation on that basis. The entire controversy was considered by yet another Division Bench in
Vasireddi Bharata Rao v. Revenue Divisional Officer9. The Division Bench, after considering the
case law disagreeing with Sohan Lal8 view as per incuriam, also reiterated that the Basic Valuation
Register maintained by the registering authority has no statutory foundation to determine the
market value and cannot form the base under Section 23(1) to determine the market value. This
Court in Gulzara Singh v. State of Punjab10 held that mutation entries of the land transactions in
the revenue records are not evidence unless the parties to the transactions have been examined in
proof of documents. In Director of Survey-cum-LAO v. Mohd. Ghouse11 relied on by Mr Ganguli,
the Division Bench of Madras High Court, relying upon the instructions issued by the Government
to determine the market value for the purpose of registration of the instrument under Section 47-A,
held that it would form basis to determine the market value under Section 23 in an appropriate case,
subject to proof of the market value. What were the instructions issued by the Government and
whether they had any statutory foundation, have not been stated by the Division Bench. If the broad
proposition of law that under Section 47-A of Stamp Act such instructions could be issued, as
contended for the appellant herein, as appears to be the view of the High Court, it is not correct law.
As we have already noted, Section 47-A being local amendment, made by each State Legislature did
not find any such statutory basis. Like A.P. Act, Tamil Nadu Act is also referable to transactions
intra vivos and not as general guidelines. If they are based on evidence inter partes it would be
consistent with Section 47-A. Accordingly we hold that the basic value of registration has no
statutory base. It cannot form any basis to determine the market value of the acquired lands under
Section 23 of the Act. The burden of proof is always on the claimant to prove, in each case the
prevailing market value as on the date of notification published in the State Gazette under Section
4(1) of the Act with reference to the sale deeds of the same lands or neighbour's lands possessed of
same or similar advantages and features executed between willing vendor and willing vendee or
other relevant evidence in the reference court. The State did not file any appeal against the award of
the reference court which 8 (1988) 2 Andh LT 306 9 (1992) 1 Andh LT 591 10 (1993) 4 SCC 245 11
(1985) 1 MLJ 116
Vs.
RESPONDENT:
SPECIAL LAND ACQUISITION OFFICER, POONA, AND ANR.
DATE OF JUDGMENT21/07/1988
BENCH:
THAKKAR, M.P. (J)
BENCH:
THAKKAR, M.P. (J)
RAY, B.C. (J)
CITATION:
1988 AIR 1652 1988 SCR Supl. (1) 531
1988 SCC (3) 751 JT 1988 (3) 106
1988 SCALE (2)43
CITATOR INFO :
R 1992 SC 666 (4)
ACT:
Land Acquisition Act -Challenging valuation and
compensation in respect of land acquired under provisions
of-Whether appellant whose land was acquired is entitled to
benefit of Central Amending Act 68 of 1984.
HEADNOTE:
The appellant not being satisfied with the compensation
offered by the Land Acquisition officer in respect of his
land placed under acquisition under the Land Acquisition
Act, applied for a reference to a civil court, for
determining the market value of the land for awarding
compensation to the appellant. The Trial Court determined
the market value of the land in question at Rs.8692 per
acre. The High Court reduced the amount of compensation
payable to Rs.4845.87 from Rs.8692 per acre. The appellant
moved this Court for relief, complaining that the High Court
had erroneously revised downwards the valuation correctly
arrived at by the Trial Court.
Allowing the appeal partly, the Court
^
JUDGMENT:
CIVIL APPELLATE JURISDICTION: Civil Appeals Nos. 272 1 & 2722 (N) of 1972.
From the Judgment and order dated 30.3.1972 of the Bombay High Court in First Appeal No.
440/62 and 577 of 1962.
Dr. D.Y. Chandrachud, S. Dutt and P.H. Parekh for the Appelant.
A.M. Khanwilkar and Ajit S. Bhasme for the Respondents. The Judgment of the Court was delivered
by THAKKAR, J. Controversy is centred on the question of valuation of the lands under acquisition.
The trial Court had correctly valued the lands and the High Court had erroneously revised the
valuation downwards-complains the original owner of the land who is the appellant in these two
allied appeals.
The lands in question situated in a locality known as 'Tigris Camp' within the city limits of Poona in
Maharashtra admeasuring 15 acres and 17 Gunthas, comprised in Survey Nos. 85 and 86, were
1. By Certificate under Article 133( l)(a) of the Constitution of India as it existed at the material time.
placed under acquisition pursuant to a Notification under section 4 of the Land Acquisition Act
published on March 8, 1956. The acquisition was a part of the total acquisition of 101 acres 33
Gunthas made for a public purpose viz. for construction of the Headquarters, Poona Rural Police
Charge. The appellant was not satisfied with the compensation offered by the Land Acquisition
officer in respect of his parcel of 15 Acres 7 Gunthas and applied for a reference being made under
section 18 of the Land Acquisition Act. Two references were made to a Civil Court under section 18
of the Land Acquisition Act for determining the market value of the lands for the purpose of
awarding compensation to the appellants. The Trial Court determined the market value of 2- 1/4
acres forming part of Survey Nos. 85 and 86 at Rs.15,00 per acre. Market value in respect of the
remaining 13 acres and 7 Gunthas was determined at Rs.8692 per acre. The present dispute is
confined to valuation of 13 Acres 7 Gunthas forming part of Survey No. 85. The High Court has
reduced the total compensation payable in respect of the land in question from Rs.1,14,517
computed at Rs.8692 per acre to Rs.63,846 (which works out at Rs.4845.87 per acre) thereby
reducing the compensation awarded to the appellant by Rs.50,554 in respect of this parcel of land.
Before tackling the problem of valuation of the land under acquisition it is necessary to make some
general observations. The compulsion to do so has arisen as the Trial Court has virtually treated the
award rendered by the Land Acquisition officer as a judgment under appeal and has evinced
unawareness of the methodology for valuation to some extent. The true position therefore requires
to be capsulized.
(1) A reference under section 18 of the Land Acquisition Act is not an appeal against
the award and the Court cannot take into account the material relied upon by the
Land Acquisition officer in his Award unless the same material is produced and
proved before the Court.
(2) So also the Award of the Land Acquisition officer is not to be treated as a judgment of the trial
Court open or exposed to challenge before the Court hearing the Reference. It is merely an offer
made by the Land Acquisition officer and the material utilised by him for making his valuation
cannot be utilised by the Court unless produced and proved before it. It is not the function of the
Court to suit in appeal against the Award, approve or disapprove its reasoning, or correct its error or
affirm, modify or reverse the conclusion reached by the Land Acquisition officer, as if it were an
appellate court.
(3) The Court has to treat the reference as an original proceeding before it and determine the market
value afresh on the basis of the material produced before it.
(4) The claimant is in the position of a plaintiff who has to show that the price offered for his land in
the award is inadequate on the basis of the materials produced in the Court. Of course the materials
placed and proved by the other side can also be taken into account for this purpose. (5) The market
value of land under acquisition has to be determined as on the crucial date of publication of the
notification under sec. 4 of the Land Acquisition Act (dates of Notifications under secs. 6 and 9 are
irrelevant).
(6) The determination has to be made standing on the date line of valuation (date of publication of
notification under sec. 4) as if the valuer is a hypothetical purchaser willing to purchase land from
the open market and is prepared to pay a reasonable price as on that day. It has also to be assumed
that the vendor is willing to sell the land at a reasonable price.
(7) In doing so by the instances method, the Court has to correlate the market value reflected in the
most comparable instance which provides the index of market value.
(8) only genuine instances have to be taken into account. (Some times instances are rigged up in
anticipation of Acquisition of land). (9) Even post notification instances can be taken into account
(1) if they are very proximate,(2) genuine and (3) the acquisition itself has not motivated the
purchaser to pay a higher price on account of the resultant improvement in development prospects.
(l0) The most comparable instances out of the genuine instances have to be identified on the
following considerations:
(11) Having identified the instances which provide the index of market value the price reflected
therein may be taken as the norm and the market value of the land under acquisition may be
deduced by making suitable adjustments for the plus and minus factors vis-a-vis land under
acquisition by placing the two in juxtaposition.
(12) A balance-sheet of plus and minus factors may be drawn for this purpose and the relevant
factors may be evaluated in terms of price variation as a prudent purchaser would do.
(13) The market value of the land under acquisition has there after to be deduced by loading the
price reflected in the instance taken as norm for plus factors and unloading it for minus factors (14)
The exercise indicated in clauses (11) to (13) has to be undertaken in a common sense manner as a
prudent man of the world of business would do. We may illustrate some such illustrative (not
exhaustive) factors:
3. frontage on a road. 3. narrow strip of land with very small frontage compared to death.
4. nearness to developed area. 4. lower level requiring the depressed portion to be filled up.
(15) The evaluation of these factors of course depends on the facts of each case. There cannot be any
hard and fast or rigid rule. Common sense is the best and most reliable guide. For instance, take the
factor regarding the size. A building plot of land say 500 to 1000 sq. yds cannot be compared with a
large tract or block of land of say l000 sq. yds or more. Firstly while a smaller plot is within the
reach of many, a large block of land will have to be developed by preparing a lay out, carving out
roads, leaving open space, plotting out smaller plots, waiting for purchasers (meanwhile the
invested money will be blocked up) and the hazards of an entrepreneur. The factor can be
discounted by making a deduction by way of an allowance at an appropriate rate ranging approx.
between 20% to 50% to account for land required to be set apart for carving out lands and plotting
out small plots. The discounting will to some extent also depend on whether it is a rural area or
urban area, whether building activity is picking up, and whether waiting period during which the
capital of the entrepreneur would be looked up, will be longer or shorter and the attendant hazards.
(16) Every case must be dealt with on its own facts pattern bearing in mind all these factors as a
prudent purchaser of land in which position the Judge must place himself.
(17) These are general guidelines to be applied with understanding informed with common sense.
The problem which has surfaced in the present appeals needs to be recapitulated. The question is
whether in scaling down the total compensation payable to the appellant from Rs.1,14,517 to
Rs.63,846, the High Court has violated any principle of valuation or adopted any faulty
methodology.
The formula evolved by the High Court may be briefly outlined. The High Court has taken into
account the market value reflected in the instances pertaining to small parcels of land cited by the
parties which on the analysis of the evidence have been considered as compar able subject to factors
of differentiation. The High Court has valued the land having best situation admeasuring 9 acres
comprised in Survey No. 86 which abuts on the Ganeshkhand Road at Rs.20,000 per acre. Having
done so the market value reflected therein has been unloaded to account for the minus factors
pertaining to the rest of the lands including the land in question. The lands comprised in Survey No.
86 situated in the interior were valued at Rs.16,000 per acre, whereas lands abutting on Pashan
Road were valued at Rs.12,000 per acre. .
The appellant's land, which was agricultural land albeit with future potential for development as
building site, was situated far far in the interior in the midst of blocks of undeveloped land. The
formula for evaluation involved taking of three steps:
(1) The High Court formed the opinion that allowance for largeness of block deserved
to be made at 25% instead of 20% as done by the Trial Court. (2) The High Court
formed the opinion that the development would take about 12 years to reach the
appellant's land. On these premises the High Court formed the opinion that the land
of the appellant could be valued at Rs.7000 per acre as a block. (3) The High Court
directed that the market value so ascertained should be further depressed to account
for the factor as regards the waiting period of 12 years which was the estimated
period for development reaching the appellant's land. The 'present value' of the land
was accordingly de- duced by depressing the valuation of Rs.7000 per acre by
reference to Miram's Tables on the basis of discount rate of 5% per annum to account
for the factor that approximately 12 years would elapse before development could
reach the appellant's land.
That is how the total compensation payable to the appellant for the block of land admeasuring 13
acres 7 gunthas was determined at Rs.63,846 which works out at approximately Rs.4,845.87 per
acre.
The valuation made by the High Court has been faulted on three A grounds:
(1) The High Court should not have made a deduction of 25% in place of deduction
made by the Trial Court at 20% to account for the factor pertaining to the largeness of
the block of land under acquisition. (2) The High Court had grossly undervalued the
land in determining the market value of the appellants' land at Rs.7,000 per acre.
(3) There was no warrant for pushing down or depressing the market value of land as
determined by the Trial Court in order to deduce the 'present value' by reference to
Miram's Tables to account for the factor as regards the estimated time lag for
development reaching the block of land in question which was situated in the
interior. Besides, the time lag of 12 years as estimated by the High Court was
excessive and unrealistic.
The first two grounds are devoid of merit. It is common knowledge that when a large block of land is
required to be valued, appropriate deduction has to be made for setting aside land for carving out
roads, leaving open spaces, and plotting out smaller plots suitable for construction of buildings. The
extent of the area required to be set apart in this connection has to be assessed by the Court having
regard to shape, size and situation of the concerned block of land etc. There cannot be any hard and
fast rule as to how much deduction should be made to account for this factor. It is essentially a
question of fact depending on the facts and circumstances of each case. It does not involve drawing
upon any principle of law. It cannot be said that the High Court has committed any error in forming
the opinion that having regard to the facts and circumstances of the case 25% deduction was
required to be made in this connection. The High Court cannot be faulted on this score.
The more serious grievance of the appellant however is that the High Court has depressed the
market value excessively in evaluating the land in question at Rs.7,000 per acre as compared to the
land abutting on the Ganeshkhand Road valued at Rs.20,000 per acre, the land abutting in the
interior of Survey No. 86 valued at Rs.16,000, and land abutting on Pashan Road valued at
Rs.12,000 per acre. A glance at the sketch on the record shows that the appellant's land is situated
very much in the interior as compared to the other parcels of land. It is in the midst of large blocks
of undeveloped land. A hypothetical purchaser would not offer the same market value for lands with
such a situation as lands which are nearer to the developed area and abut on a road or are nearer to
a road. The development of lands which are nearer to the developed area and nearer to the road can
reasonably be expected to take place much earlier. Only after such lands are developed and
construction comes up, the development would proceed further in the interior. It would not be
unreasonable to visualize that a considerable time would elapse before development could reach the
block of undeveloped land located in the interior. Besides, the land which is situated in the interior
does not fetch the same value as the land which is nearer to the developed area and nearer to the
road. If a hypothetical purchaser opts to purchase the land situated in the interior in the midst of an
undeveloped area, he would doubtless take into account the factor pertaining to the estimated time
for development to reach the land in the interior. For, his capital would be unprofitably looked up
for a very long time depending on the estimated time required for the development to reach the land
in the interior. Meanwhile he would have to suffer loss of interest. It is, therefore, understandable
that the land in the interior would fetch much smaller price as compared to the lands situated nearer
to the developed locality. More so as all these factors are incapable of precise or scientific evaluation.
The valuer has to indulge in some amount of guess work and make the best of the situation. The
High Court having accorded anxious consideration to all these factors of uncertainty has arrived at
the valuation of Rs.7000 per acre. Says the High Court in paragraph 51 of the Judgment:
"This brings up for final consideration the plots which we have described as interior
plots in all the survey numbers and which do not have a frontage on the roads. A
lower price will have to be provided for these plots, since the plot- holders will have
to spend moneys for getting water and drainage connections which are given only
upto the Municipal Roads. Then again, in our opinion, the interior plots would not be
sold at all as long as any of the plots having a frontage on Pashan Road or Baner Road
are sold, though once such plots have been disposed of the demand for interior plots
would certainly pick up. Here again, it is impossible to be precise in fixing the value;
but in our opinion the interior plots may fairly be valued at Rs.7,000 per acre. As
stated earlier, the sales of these plots would commence after all the plots having a
frontage on Pashan Road and Baner Road are disposed of i.e. after 12 years, and we
may say that those plots would be sold within a period of about 4 years."
It is not possible to find fault with the reasoning or conclusion of the High Court. The High Court
was day in and day out engaged in valuation of the lands in different parts of the state and was fully
aware of the landscope. There is no yardstick by which the future can be forseen with any greater
degrees of preciseness. The High Court has made the estimate as regards the time lag for
development to reach the appellant's land to the best of its judgment. Having taken into account all
the relevant factors, the High Court has arrived at the aforesaid determination. And in doing so, the
High Court has not committed any error or violated any principle of valuation. It is purely a
question of fact and it is not possible to detect any error even in the factual findings recorded by the
High Court. In fact the High Court has been extremely considerate and has approached the question
of valuation with sympathy and understanding for the land owner. The High Court did not opt for
an easy way out by taking the view that since there was no comparable instance of undeveloped
lands in the interior on the basis of which the valuation of the appellant's land could be made, the
Award made by the land Acquisition officer should remain undisturbed. The High Court has done
the best under the circumstances albeit by making recourse to some guess work which in the
circumstances of the case was inevitable. There is no material on the basis of which this Court can
uphold the plea of the appellant that the valuation at Rs.7,000 per acre does not reflect the true
market value or that the land in question is under-valued. The argument urged by the appellant in
this behalf, under the circumstances, cannot be accepted.
Turning now to the third ground, it appears that the appellant's grievance is justified. The grievance
is that there was no warrant for making any further deduction once the land was valued at Rs.7,000
as against the valuation of the best parcel of land at Rs.20,000 which was made precisely to account
for the factor pertaining to its situation in the interior. There was therefore no warrant for
ascertaining the present value of Rs.7,000 as if Rs.7,000 would be fetched after 12 years. Now the
parcel of land admeasuring 13 acres 7 gunthas comprised in Survey No. 85 which was situated very
much in the interior was valued by the Trial Court at Rs. 10,866 per acre (less 20% to account for
roads etc.). This parcel of land was valued at Rs.7,000 per acre by the High Court. The High Court
had valued the land with the best situation on the Ganeshkhand Road at Rs.20,000 per acre. As
against this the appellant's land was valued at mere Rs.7,000 per acre which reflected an unloading
by Rs.13,000 per acre which works out at 65%. This pushing down was made to account for its
situation in the interior on the premise that development would take about 12 years to reach the
land under acquisition. If the appellant's land just adjoined the land valued at Rs.20,000 per acre it
would have been valued at the same figure of Rs.20,000. It has been valued at Rs.7,000 per acre
precisely because it is so situated that development would reach the appellant's land after 12 years as
estimated by the High Court. But after 12 years it would become land adjoining to developed area
and not land which could be treated as in the interior. Therefore, if present value was to be
ascertained it should be ascertained on the basis of present value of land which would fetch
Rs.20,000 per acre after 12 years and not present value of land which would fetch Rs.7.000 per acre
after 12 years. In fact present value of Rs.20,000 payable at the end of 12 years at 8% would work
out at Rs.6942 (.3971 x 20,000 = 6942)1. The High Court was therefore right in valuing the land in
interior at Rs.7,000 per acre but wrong in directing that present value of Rs.7,000 payable after 12
years should be ascertained. The last ground is thus well founded .
In the result appellant must be awarded compensation at Rs.7,000 per acre subject to deduction or
allowance of 25% to account for land required to be set apart for roads, open spaces etc. In other
words appellant will be entitled to be paid compensation for 13 acres 7 gunthas comprised in Survey
No. 85 at Rs.5,250 per acre (Rs.7,000 less 25% i.e. Iess 1750=Rs.5,250) in place of the lesser sum
awarded by the High Court. Appeal must be partly allowed to this extent accordingly. F The question
however remains whether the appellant is entitled to the benefit of Central Amending Act (Act 68 of
1984) providing payment of solatium and interest at enhanced rates on the ground that present
appeals were pending before this Court on 30th April, 1982. The appellants would be entitled to the
benefit thereof by virtue of section 30(2) of the Act if the view is taken that the said Act has
retrospective operation in the sense that amended section 23(2) and section 28 apply also in relation
to an order under appeal against an award made by the Collector of Court between April 30, 1982
and the commencement of the Amending Act. This must depend on the deci-
1. See Mirarm's Table 7 at 657 of A.K. Mitra's Theory and Practice of Valuation (2nd Edition)
Published by Eastern Law House.
sion of the Constitution Bench which is expected soon. The appellant Will be entitled to the benefit
of Central Amending Act (Act 68 of 1984) in case the Constitution Bench upholds the view expressed
in Bhag Singh case [1985] 3 SCC- p. 737 and overrules the view expressed in Kamalajammanniavaru
Case [1985] 1 SCC p. 582. In case the Constitution Bench affirms the view taken in
Kamalajammanniavaru Case, the appellant will not be entitled to such benefit.
Appeal is partly allowed accordingly to the aforesaid extent. Order passed by the High Court is
modified to the corresponding extent.
Having regard to the facts and circumstances of the case there will be no order regarding costs in
this Court.
"Did the Tribunal, on the facts and in th circumstances of the case, adopt the proper basis for
assessment of principal value of premises No. 226/1, Lower Circular Road, Calcutta ?"
The circumstances under which the above quoted question comes up for consideration are
hereinafter stated in brief : Premises No. 226/1, Lower Circular Road, Calcutta, belonged to one
Kamala Prasad Jain, who died on December 21, 1959, leaving a will by which he appointed his wife,
Sm. Radha Devi Jalan, as the executrix. In making the return under the Estate Duty Act, the
executrix, as the accountable person, showed the value of the said premises at Rs. 1,35,000. This
was apparently done on the basis of the annual value of the premises, under the Calcutta Municipal
Act, which was Rs. 13,608. The Assistant Controller of Estate Duty was of the opinion that the
annual value was too low and should not be utilised for the purpose of valuing the premises. He
formed this opinion on the basis of local inspection of the premises from outside. In the report of
local inspection, he expressed the following view :
".... It a appeared to be a first class building in an aristocratic locality and in a very good state. It is a
two-storeyed house of first-class materials with an attractive lawn in its front."
It is not disputed that the premises is in the occupation of an old tenant of the name of M. L.
Khaitan, paying a monthly rent of Rs. 1,600 therefor. It is also not disputed that the premises is
covered by a mortgage to Messrs. Bata Shoe Company Ltd.
The Assistant Controller of Estate Duty at first adopted the "land and building method" of valuation
for the purpose of evaluating the property. The calculation made by the Assistant Controller, on that
basis, is hereinbelow set out :
Rs.
Rs.
Rs.
Rs.
"Land : 32 cottahs at the rate of Rs. 11,000 per cottah on average 3,52,000 Structure from a rough
estimate (in the absence of exact particulars) : the building stands on about half a Bigha (10
cottahs), i.e., 7,200 sq ft., say, 7,000 sq. ft. Cost at the rate of Rs. 20 (for ground floor) and Rs. 15
(for first floor), i.e., Rs. 35 per sq. ft.
2,45,000 The building is in a very good of maintenance. Hence, depreciation of only 10 per cent. is
allowable 24,500 2,20,500 5,72,500 Considering, however, the fact that the house was under a
mortgage to Messrs. Bata Shoe Co. Ltd., the Assistant Controller took the valueof the property in the
round figure of Rs. 5,00,000. The Assistant Controller then proceeded to value the propery on rental
basis. In that context, he observed as follows :
Rs.
Rs.
"Annual Municipal value Rs. 13,603 is clearly too low to be taken as an indication of the value of the
building ........
Rent received annually Rs. 19,200, i.e., Rs. 1,600 per monthe is also too low for a house of this size
and quality. Fair rent of the house can be taken at Rs. 3,000 per month if, not more, judging by the
prevalent rates in these areas.
From the aforesaid figure, he deducted the outstanding liablility under the mortage of the property
to Bata Shoe Co. Ltd. and arrived at the valuation of Rs. 5,00,000 for the premises. According to the
calculations by the Assistant Controller, the principal value of the property, whether estimated on
the land and building method or under the rental value method, yielded the same result.
Aggrieved by the order, the accountable person preferred an appeal before the Appellate Controller
of Estate Duty, who partly allowed the appeal with the following observation :
"In determining the market value of the property the Assistant Controller considered both the rental
aspect as well as the cost of land and cost of construction of the building aspect. Actual rent in this
case is Rs. 1,600 per month or Rs. 19,200 per year. The question is whether this is a maintainable
net rental income. Here, we have to examine whether this rent of Rs. 1,600 would be maintained in
future having regard to the condition of the property, the locality and facilities available at present. I
am of the opinion that the actual rent is indeed a privileged rent, because the tenant has been
occupying the house for a number of years. Moreover, the house is mortgaged to Messrs. Bata Shoe
Company Limited, of which the tenant is a director. In this locality properties of the same type
would fetch Rs. 3,000 per month. I would, however, estimate the fair maintainable rental income of
the property at Rs. 30,000 per year. Deducting therefrom Rs. 7,500 as outgoings, the net rental
income would come to Rs. 22,000. Multiplying this by 20 times, the value of the property would
come to Rs. 4,50,000. But I would determine the value of the property at Rs. 4,00,000 having
regard to the fact that the house is tenanted and is also mortgaged. If, alternatively, we proceed on
the cost and building method, the same value would come."
In the view taken, the Appellate Controller allowed the appeal to this extent that he reduced the
principal value of the property by Rs. 1,00,000.
Dissatisfied with the order of the Appellate Controller, the accountable person preferred a second
appeal before the Appellate Tribunal. The Tribunal allowed the appeal on grounds which will appeal
from the extraction from their judgment quoted below :
"There is nothing to show that the rent was not a fair rent for the house when the tenancy was
created. It would not only be unrealistic but also contrary to law to compute the value of the house
on the basis of the rent it could have fetched if it had been let out to some other tanant on the date of
death. While the consideration might be relevant for the assessment of the bona fide annaual value
of a property under section 9(1) of the Income-tax Act, it is irrelevant for the purpose of estimating
the principal value of the property under section 36(1). In this particular case, therefore, the
valuation of the property would be the amount which a person would pay for it on the date of the
death of the last holder, viz., December 31, 1959, if he were to purchase it subject to the mortgage of
Messrs. Bata Shoe Company Limited and subject to the tenancy of the managing director of the said
company. The intending buyer must take into consideration the fact that the tenancy is an old one
and the prospect of enhancing the rent by all legal means was remote and that his eviction was
remoter still. On the basis of the realities, a fair method of estimating valuation of the property
would be the rental basis. Taking the actual rent of Rs. 1,600 per mensem as the basism 33 1/3% as
the outgoing and 17 as the years purchased, which gives a rent security of nearly 6 per cent on the
outlay, the value of the house is estimated at Rs. 2,20,000 in round figures for the purpose of
payment of estate duty."
Thus, the appeak succeeded in part and instead of a valuation of Rs. 1,35,000, as contended for by
the accountable person, the principle value of the property was determined by the Appellate
Tribunal at Rs. 2,20,000.
The Controller of Estate Duty became aggrieved by the order made by the Tribunal and obtained a
reference to this court on the question of law set out at the beginning of this juidgment.
Mr. B. L. Pal, learned counsel for the revenue, did not dispute the proposition that, in estimating the
principal value of any property, under section 36(1) of the Estate Duty Act, the Controller may
proceed on opinion basis but that opinion must be objectively formed. His contention was that it
was the duty of the Controller to find out the price obtainable in the open market and an opinion
thus formed must bind the assessee. In order to appreciate the scope of this argument, it is
necessary for us to refer to the language of section 36(1) which reads as follows :
"The principal value of any property shall be estimated to be the price which, in the opinion of the
Controller, it would fetch if sold in the open market at the time of the deceaseds death."
According to Mr. Pal, the duty of the Controller was to determine the price that a willing purchaser
would pay to a willing seller for the property, having due regard to its existing condition and its
potential possibilities, laid out in its most advantageous manner. In making this submission, he
drew considerable inspiration from certain observations by Shelat J., in Raghubans Narain Singh v.
Uttar Pradesh Government, made in the context of determination of compensattion under the Land
Acquisition Act, 1894. He next contended that the expression "open market" meant a hypothetical
market in which everybody had a right to make an offer for purchase of the property, as contrasted
to a "limited market", in which a few were given the liberty to make bids or a "black-market" which
was a term euphemistically used to commercial transactions entered into between parties in
definance of law. In making this last submission, Mr. Pal particularly relied on the judgment of the
Supreme Court in Corporation of Calcutta v. Sm. Padma Devi. Using the above propositions as his
springboard, Mr. Pal further argued that the Tribunal was in error in sticking to the contractural
rental of several years antiquity and in failing to find out the value that the property would fetch if
sold in the open market at the time of the death of the deceased.
In out opinion, there is considerable misconception of legal position involved in the argument of Mr.
Pal. The contractual rent of Rs. 1,600 per month was payable by the tenant in respect of a building,
which at the material time was governed by the West Bengal Premises Tenancy Act, 1956 Under the
operation of the varios rent restrictions Acts, which have been operating in this State for now well
over quarter of a century, landlords have lost the right of letting out their houses at any rent they
choose and of evicting tenants on such grounds as appeal to them. Contractual relationship between
landlords and tenants have given way to statutory relationship imported by successive rent
restriction Acts and the position now is that houses may be let out only at fair rents and at no more.
If premises can no longer be let out at such rent as the landlord may expect or aspire, then however
costly the premises may otherwise be, their value have to be determined on the basis of the
limitations imposed by the statute. This consideration weighed with the Supreme Court in
Corporation of Calcutta v. Padma Debi in determining the annual value of a premises under section
127(a) of the Calcutta Municipal Act, 1923. What happened in that case was that the respondents
were the owners of premises No. 296, Bowbazar Street, Calcutta. The Corporation of Calcutta fixed
the annual value of the said premises at a sum of Rs. 14,093 and directed the same to take effect
from the second quarter of 1950-51. In fixing the annual value, the Corporation proceeded on the
basis of Rs. 1,450 as the monthly rental value of the premises. On June 20, 1950, notice of the
assessment, based on the said annual valuation, was served on the respondents. Respondent No. 1
filed an objection to the said assessment, under section 139 of the Act. Meanwhile, under the West
Bengal Premises Rent Control (Temporary Provisions) Act, 1950, the standard rent of the said
premises was fixed by the Rent Controller at Rs. 350 per month, with effect from April, 1951, and at
Rs. 632-8-0 per month with effect from August, 1951. One of the objections raised by respondent
No. 1 was that the Corporation had no power to fix the annual valuation at a figure higher than the
standard rent.
This objection was disallowed by the Corporation. Being aggrieved by the said order, respondent No.
1 filed an appeal before the Court of Small Causes, Calcutta, which allowed the appeal and fixed the
annual valuation, for the purpose of assessment at Rs. 6,831. This was on the basis of the standard
rent of Rs. 632-8-0 per month. The Corporation of Calcutta questioned the correctness of the said
judgment by preferring an appeal to the High Court at Calcutta. The High Court, by a majority,
agreed with the Small Causes Judge dismissing the appeal. Thus, the matter went before the
Supreme Court. In dismissing the appeal, the Supreme Court observed :
"The word reasonably in the section (meaning section 127 (a) of the Calcutta Municipal Act) throws
further light on this interpretation. The word reasonably is not capable of precise definition.
Reasonable signifies in accordance with reason. In the ultimate analysis it is a question of fact.
Whether a particular act is reasonable or not depends on the circumstances in a given situation. A
bargain between a willing lessor and a willing lessee uninfluenced by any extraneous circumstances
may afford a guiding test of reasonableness. An inflated or deflated rate of rent based upon fraud,
emergency, relationship, and such other considerations may take it out of the bounds of
reasonableness. Equally, it would be incongruous to consider fixation of rent beyond the limits fixed
by penal legislation as reasonable. Under the Rent Control Act, the receipt of any rent higher than
the standard rent fixed under the Act is made penal for the landlord. Section 3 of the said Act says
that any amount in excess of the standard rent of any premises shall be irrecoverable
notwithstanding any agreement to the contrary. Section 33 (a) thereof provides, inter alia, that
whoever knowingly receives, whether directly or indirectly, any sum on account of the rent of any
premises in excess of the standard rent will be liable to certain penalties. Standard rent has been
defined in section 2 (10) (b) to mean that where the rent has been fixed if application were made
under the said section. A combined reading of the said provisions leaves no room for doubt that a
contract for a rent at a rate higher than the standard rent is not only not enforceable but also that
the landlord would be committing an offence if he collected a rent above the rate of the standard
rent. One may legitimately say under those circumstances that a landlord cannot reasonably be
expected to let a building for a rent higher than the standard rent. A law of the land with its penal
consequences cannot be ignored in ascertaining the reasonable expectations of a landlord in the
matter of rent. In this view, the law of the land must necessarily be taken as one of the
circumstances obtaining in the open market placing an upper limit on the rate of rent for which a
building can reasonably be expected to let.
It is said that section 127 (a) does not contemplate the actual rent received by a landlord but a
hypothetical rent which he can reasonably be expected to receive if the building is let. So stated the
proposition is unexceptionable. Hypothetical rent may be described as a rent which a landlord may
reasonably be expected to get in the open market. But an open market cannot include a black
market, a term euphemistically used to commercial transactions entered into between parties in
defiance of law. In that situation, a statutory limitation of rent circumscribes the scope of the
bargain in the market. In no circumstances the hypothetical rent can exceed that limit".
The same view appears to have been expressed by the English High Court in Priestman Collieries
Ltd. v. Northern District Valuation Board. In that case, their Lordship had to interpret section 10 of
the Coal Industry (Nationalisation) Act, 1946, by which provision was made for the payment of
compensation in respect of coal mining undertakings ("transferred interests") transferred to the
National Coal Board. Section 13 of the Act provided for valuation of transferred interests, and by
sub-section (4) of that section it was provided that for that purpose the value of an undertaking
"shall be taken to be the amount which it might have been expected to realize if this Act had not
been passed and it had been sold on the primary vesting date in the open market by a willing seller
to a willing buyer..." It was also provided by sub-section (5) of the section that on the assumed sale
"... regard shall be had to all relevant circumstances including the state of things in which
transferred interests subsisted at the date of their vesting in the Board." Morris J., in delivering the
judgment of the court, observed in that context :
"In the opinion of the court, the phrase open market in section 13, sub-section (4), of the Act does
not contemplate a purely hypothetical market which is to be regarded as exempt from any
restrictions imposed by law. The section does not postulate conditions wholly divorced from
reality..... Any restriction or limitation imposed on him by the law or imposed on any willing buyer
must be recognised and taken into account."
Thus, the position in law is that if there had been no rent restriction law in operation, the Controller
could make a fair and an objective estimate of the rent which the property might have fetched if a
willing lessor wanted to let out the property to a willing lessee. The operation of the rent restriction
Acts made all the difference. In estimating the rent at which the property was capable of being let
out, the Controller was bound to take into account the restrictions imposed by the rent restriction
Acts and to arrive at the figure of fair rent accordingly. This is what the Controller and the appellate
authority both failed to do and thus erred. The Appellate Tribunal took into consideration this
aspect of the matter and, in our opinion, very rightly.
Faced with the authorities to which reference has already been made, Mr. B. L. Pal, learned counsel
for the revenue, in his fairness, did not dispute that in arriving at the figure of fair rent of the
property regard shall have to be had to the provisions of the West Bengal Premises Tenancy Act. He,
therefore, reframed his line of argument and contended that the provisions of the West Bengal
Premises Tenancy Act permitted increase in the contractual rent, agreed upon years ago and the
Tribunal should have taken that fact into consideration.
Now section 8 of the West Bengal Premises Tenancy Act, 1956, defines fair rent. Mr. Pal submitted
that clause (e) of section 8 (1) applied to the instant case. That clause reads as follows :
"Where the provisions of clause (a) or clause (b) or clause (c) or clause (d) do not apply, such rent as
would be reasonable having regard to the situation, locality and condition of the premises and the
amenities provided therein and where there are similar or nearly similar premises in the locality
Provided that in fixing such rent the Controller shall in no case allow an increase of more than 10
per cent. Over the existing rent, if any, of such premises."
Mr. Pal submitted that the Controller should have taken the fair rent of the premises at Rs. 1,600
plus Rs. 160 per month, namely, Rs. 1,760, and then capitalised the same in order to arrive at the
estimated value of the property. This argument, in our opinion, is unworthy of being unheld. The
Tribunal found that there was nothing to show that the rent was not a fair rent for the house, when
the tenancy was created. If the original rent was nor an unreasonable rent, we do not have materials
which go to show that the rental merited an increase under clause (e) of section 8 (1). Then again,
the question referred to us merely seeks our advice on the point whether the Tribunal adopted the
proper basis for assessment of the principal value of the property. The frame of the question may
not be wide enough to include the further point, namely, that even though the Tribunal might have
adopted the proper basis, namely, the basis of controlled rent, they might have made additions on
the controlled rent under clause (e) of section 8 (1), in order to arrive at the principal value of the
property. The original contractual rent which was fair, in our opinion, went through a statutory
baptism by reason of the provisions of the rent restriction Acts and that rent cannot be disturbed, in
the absence of facts which are contemplated in clause (e) of section 8 (1).
We need now notice the last branch of the argument of Mr. Pal. He contended that, on the land and
building method, the value of the property came up to Rs. 5,00,000, according to the Controller,
and to Rs. 4,00,000 according to the Appellate Controller. He submitted that the Tribunal was in
error in not taking into consideration that method of valuation and in depending upon the rental
method of valuation wholly. We are unable to uphold this contention of Mr. Pal. In the first place, he
is not strictly right in his contention that the Tribunal was oblivious of the land and building method
adopted by the Assistant Controller and the Appellate Controller. In paragraph 2 of the order of the
Appellate Tribunal that valuation was noticed. The Tribunal, however, was of the opinion that on the
basis of realities, the fair method of estimating the valuation of the property would be the rental
basis. In this opinion the Tribunal was not inherently wrong. When a person buys a property, he
does so for two purposes, (a) to obtain an annual income, (b) to obtain security for his capital. If the
property was merely a vacant land, it might be developed and made to yield such income, as it was
capable of, in a metropolitan area where some sort of scarcity for accomodation prevails. The
property was, however, burdened with a tenanted house and the income therefrom was controlled
by a statute. This control on income was bound to react on the value of the property and application
of the land and building method would not have been a proper method in the instant case. Further,
the land and building method as adopted by the Assistant Controller and the Appellate Controller
was somewhat an off-hand method. The valuation was made on a personal inspection of the
property by the Assistant Controller from outside and on his subjective opinion that it was a first
class building. The Assistant Controller was not sure of the area which this structure covered but
merely made a rough estimate of it. Wherefrom he got the per cottah land value and per square foot
rate of construction do not appear. If the Tribunal disregarded this off-hand method of valuation, we
do not find fault with the Tribunal.
Lastly, in case of buildings, which are in possession of tenants and the tenants cannot either be
evicted or the rent payable by them enhanced, except in accordance with the provisions of the Rent
Control Act, the only appropriate method of valuation is to capitalise the annual rent by certain
number of years purchase. The method of valuing the land and the building separately and adding
up the values would be improper in such cases, because that would ignore the impact of the Rent
Control Act on the value of the land and the building. This is the view which was expressed by the
Mysore High Court in Commissioner of Wealth-tax v. V. C. Ramachandran and we respectfully agree
with the view.
The arguments made by Mr. Pal all fail. We, therefore, answer the question referred to us in the
affirmative.
ROY J. - I agree.
1. The proceedings which have culminated in this appeal and the facts relevant thereto are as
follows:
Smt. Ashima Sinha, the respondent herein, sold premises Nos. 74A, 74B and 74C, Elliot Road,
Calcutta-16 (hereinafter referred to as the said property), in equal undivided share to Mst. Sayeeda
Khatun and Mst. Fatima Khatun by executing two separate conveyances both dated 10th December,
1973, for Rs. 40,000 each.
2. Statements under Section 269P(1) of the I.T. Act, 1961, in the prescribed form and verified in the
prescribed manner were duly filed by the transferees along with a copy of the instrument of transfer
disclosing the following particulars;
(a) The said property consisted of a partly two and partly three-storeyed buildings together with
one-storeyed out-houses in a total area of 6 cottahs, 5 chittacks and 25 sft.
(d) The fair market value of the undivided half part of the said property was approximately Rs.
35,000.
3. By his communication in writing dated the 13th June, 1974, the IAC, Acquisition Range-I,
Calcutta, a competent authority within the meaning of Section 269B of the I.T. Act, 1961, made a
reference to the Assistant Valuation Officer, Unit No. III, under Section 269L(1) requiring the latter
to determine the fair market value of the said property and make a report.
4. Pursuant thereto, the said Valuation Officer inspected the said property on the 26th June, 1974,
and on the 9th July, 1974, submitted his valuation report, inter alia, stating as follows :
(a) The said property was situated in a middle class residential area with all civic amenities.
(b) The buildings in the said properties were not properly maintained.
(c) The buildings were electrified and had corporation tap connection as also sewerage connection
which, however, had outlived their utility.
(d) The building was about 60 years old and past its useful life and its future life was estimated to be
only 20 years more.
(e) The premises were fully tenanted, total rent realised being Rs. 820'37 per month.
5. On the basis of the location of the said property and amenities avail able, the market price of the
land was determined at Rs. 20,000 per cottah, aggregating Rs. 1,26,300. The valuation of the said
property was deter mined to be Rs. 1,16,000, which according to the Valuation Officer was the fair
market price of the said property, the half share thereof being valued at Rs. 58,000.
Rs.
@ 6% of (Rs. 9,844 less [1431 plus 16] ) 504 (-) 3,351 Net annual return :
6,493
Capitalised value
62,513
L.S. =
= (-)
3,000
Land
Land value on reversion --land = 6C. 5 ch. 2 sft. = 6.315 cottahs @ 20,000 per cottah
1,26,300
Salvaged value of building 10% of the estimated reproduction cost of building, i.e., @ 10% of
24,000
1,50,300
Deferred for 20 years @ 5% Y.P. 0.3769 X Rs. 1,50,000=Rs. 56,648. Total value of the property
Rs.
Rs.
1.
Structure
59,513
2.
Land
56,648
1,16,161
1,16,000
7. On the 24th August, 1974, the competent authority initiated proceedings for acquisition of the
said property under Section 269C of the Act after recording his reasons for such initiation stating,
inter alia, that on the basis of the report of the Valuation Officer the fair market value of the
property exceeded the apparent consideration by 45% (i.e., more than 25%).
8. On the same date, i.e., the 24th August, 1974, the competent authority issued and had duly
published a notice under Section 269D(1) of the Act inviting objections against the proposed
acquisition under Section 269E.
9. Objections were preferred both by the transferees as also the transferor against the proposed
acquisition. It was, inter alia, contended on behalf of the transferees that-
(a) The valuation by the said Valuation Officer, was not correct and was based on guess without
evidence.
(b) The estimation of the value of the land at Rs. 20,000 per cottah was erroneous and without any
evidence.
(c) The said property was not situated in a middle class residential area. There was a bustee covering
10 bighas on its south and on its east. A valuation report of H. Sarkar, chartered engineer and
valuer, was enclosed in support of the objection.
(a) The said property was incorrectly described as being located in a middle class residential area.
Even the tenants in the property were of lower income group.
(b) The only method of valuation of the said property, a fully tenanted premises, was the rental
method.
(c) The reversionary method of valuation was incorrectly applied by the said Valuation Officer.
(d) The property being fully developed and tenanted and rent restriction legislation being in force,
valuation of the said property by the land and building method would be inappropriate.
11. At the hearing of the objections under Section 269F of the Act instances of contemporaneous sale
of the property in the neighbouring area were cited on behalf of the transferee as follows :
2.
82, Elliot Road
...
Regd. 16-5-69-- Rs. 1,35,000
Area 12C. 3 ch. 18 sft.
4 storied, fully tenanted.
3.
12. The transferee also relied on and filed another valuation report of the said H. Sarkar date
13. On hearing the said objections and after obtaining the approval of the CIT, the competent
14. The competent officer upheld the reversionary method of valuation applied by the Valuation
Officer accepting that the building in the said property was a very old structure and had a future life
of only 20 years, whereafter it would have to be demolished and the land would revert back to the
owner as vacant land. It was also accepted that the purchase had been made on that basis and also
as the vacant land would become available for further construction. The competent officer rejected
the valuation report of H. Sarkar. Comparing the sale on the 31st March, 1974, of a corner plot
measuring 53.8 cottahs situated at the junction of Elliot Road and Acharya Jagadish Chandra Bose
Road for Rs. 15,00,000, i.e., at the rate of Rs. 28,000 per cottali, the competent authority held that
the proper consideration had not been truly stated in the instrument of transfer.
15.For the purposes of wealth-tax the said property had been last assessed at Rs. 65,000. The
competent authority noted that even on such admitted valuation the transaction resulted in a
substantial capital gain and, therefore, he concluded that the transaction was designed to facilitate
concealment, of further liability to capital gains tax.
16. Being aggrieved by the above order of the competent authority the transferor preferred an appeal
to the Income-tax Appellate Tribunal. In the said appeal, the following further facts were elicited on
behalf of the transferor :
(a) The transferor had purchased the said property on the 4th March, 1952, in a court auction for
only Rs. 45,100.
(b) Earlier, the property had been leased out on a total rent of Rs. 104.16 per month. After the expiry
of the said earlier lease in June, 1971, new tenants were inducted at an enhanced total rental of Rs.
820 per month.
(c) The husband of the transferor was murdered on the 31st January, 1971, in the disturbances
prevailing at that time resulting in nervous breakdown of the transferor.
(d) Being a lady and residing away from the said property, the transferor could not manage the said
property and had no other alternative but to sell the same at the best price available,
(e) At the time of the sale, rents aggregating Rs. 8,251 were in arrears which were assigned by the
transferor in favour of the transferee for only Rs. 6,188.
17. On the basis of the aforesaid it was submitted that the consideration for the transfer was the fair
market value of the said property and had been correctly shown in the instrument of transfer and, in
any event, was the actual amount involved in the transfer.
18. It was contended further that the property having been sold without reservation there was no
question of any reversionary interest being valued as was done by the Valuation Officer. The
property was fully tenanted. The tenants could neither be evicted nor their rent enhanced by reason
of restrictive legislation and, therefore, the appropriate and the only method of valuation of the said
property was to capitalise the annual rent by a number of years' purchase. It was contended that the
proper multiple to be applied was 12 and if this was done the value of the property would be much
less than the consideration shown in the instrument of transfer.
19. On the other hand, it was contended on behalf of the revenue that, admittedly, the property was
about 60 years old and, therefore, the addition of the reversionary value of the land was fully
justified. It was also submitted that the total built-up area in the property was 5,510 square feet
which was fetching a rent of only Rs. 820 per month, i.e., at the old rate of 15p. per square foot
which was not reasonable. Therefore the valuation of the said property on the basis of yield would
not be justified. It was further contended that of 4,547 square feet, the total area, 1,264 square feet
had been left vacant indicating that there was scope for further development of the property and for
this reasons also, the valuation of the said property on yield basis would not be justified.
20. The transferor contended in reply that under the municipal requirements for the area, one-third
of the total area in the premises had to be left open and, therefore, there was no question of any
further development of the said property. It was also submitted that the yield of the property was
not on the basis of old rates of rent as the property had been let out to new tenants in 1971.
21. After consideration of the respective submissions, the Tribunal, following a decision of this court
in CED v. Radha Devi Jalan [1968] 67 ITR 761 (Cal), held that by reason of the provisions of the rent
control statutes, the only proper method of valuation was by application of a multiple to the net
yield of the property which the Tribunal determined to be 121/2. The Tribunal also held that the said
property having been sold in two undivided half shares, a further deduction of 10% would have to be
made. On the above basis, the fair market value of the property on the date of the transfer was found
to be less than Rs. 80,000 which was the value mentioned in the instrument of transfer.
Accordingly, the Tribunal allowed the appeal and set aside the order of acquisition passed by the
competent authority.
22. The present appeal before this court has been preferred by the CIT, West Bengal II, under
Section 269H of the Act against the said order of the Appellate Tribunal.
23. Mr. B.L. Pal, learned counsel for the appellant, has urged before us the following grounds from
the memorandum of appeal:
(a) The Tribunal erred in holding that the only proper method of determining the fair market value
of the property was by applying a multiple to the net yield from the property.
(b) The Tribunal erred in rejecting the method of the Valuation Officer being the reversionary
method of valuation inasmuch as the said property had an additional economic life of 20 years.
(c) The Tribunal failed to take into consideration that the total area of land was 4,547 square feet out
of which 1,264 sq. feet had been left vacant on which there could be further development of the
property.
(d) The Tribunal erred in proceeding on the basis that the proper multiple should be only 121/2.
24. Mr. Pal contended that the fair market value of the said property could be determined by
applying more than one method and if the valuation was made by applying only the yield method,
the result would be incorrect. If in valuing a property on the method known as the "land and
building" method a higher valuation than that obtained by following the method known as "yield or
rental method was obtained, the same must be accepted as correct. Even if the "yield or rental"
method was applicable it would be necessary to check the result arrived at by applying the other
methods including the "land and building" method.
25. Mr. Pal next contended that where the land was hot fully developed or where the return from the
land was controlled and not commercial then value determined solely on the basis of "yield or
rental" method would be incorrect or misleading. Mr. Pal submitted that in the instant case the said
property included vacant land measuring 1,264 sq. ft. which provided scope for further development
of the property.
26. Mr. Pal next submitted that in the instant case the rent or yield from the said property was only
15p. per square foot which was neither the reasonable nor commercial rent for a building in the
locality. Accordingly, the method followed by the Tribunal, i.e., the yield or rental method, was
wholly inapplicable in the instant case.
27. Mr. Pal next submitted that the method applied by the Valuation Officer, i.e., "reversionary
method", which was based partly on the "yield or rental" method and partly on the "land and
building" method was applicable in the instant case as the property had an available economic life of
20 years.
28. Mr. Pal finally submitted that, in any event, "yield or rental" method applied in the instant case
has not been correctly computed inasmuch as the Tribunal had applied a multiple of only 121/2
which was very low. On a higher and proper multiple being applied even on the "yield and rental"
method the valuation could be computed at a much higher figure.
(a) Parks "Principle and Practice of Valuation", 4th Edn., pp. 37, 38 : "When land is fully developed
by buildings erected thereon, when the property is let at a rent from which the fair rent can be
ascertained, and when the rent has been proved and is likely to be maintained for years to come,
then the rental method of valuation should be applied to determine the market value of the
premises...When a property is valued on the rental basis, the result is the value of the land and
buildings taken together and cannot afterwards be apportioned...This does not mean the land and
building method cannot be employed to check a valuation done by the rental method. It simply
states that after capitalisation of the rent you cannot deduct the depreciated value of the buildings
on the land, and say that the result is the definite value of the land."
(b) Rustom Cavasjee Cooper v. Union of India [1970] 40 Comp Cas 325 (SC). In this decision, the
Supreme Court considered the vires of the Banking Companies (Acquisition and Transfer of
Undertakings) Act, 1969. One of the main questions involved was whether "compensation" in such
an acquisitive statute would in consonance with Article 31 of the Constitution be a just equivalent in
money of the property acquired or whether the said expression did not mean a just equivalent and
the court cannot go into the propriety or adequacy or reasonableness of compensation under the
said article of the Constitution. The Supreme Court held that the law providing for acquisition must
either fix the compensation or specify the principles on which and the manner in which the
compensation is to be determined. Mr. Pal relied on the following from the majority judgment of the
Supreme Court at page 383 :
"The important methods of determination of compensation are: (i) market value determined from
sales of comparable properties, proximate in time to the date of acquisition, similarly situate, and
possessing the same or similar advantages and subject to the same or similar disadvantages. Market
value is the price the property may fetch in the open market if sold by a willing seller unaffected by
the special needs of a particular purchaser ; (ii) capitalization of the net annual profit out of the
property at a rate equal in normal cases to the return from gilt-edged securities. Ordinarily value of
the property may be determined by capitalizing the net annual value obtainable in the market at the
date of the notice of acquisition ; (iii) where the property is a house, expenditure likely to be
incurred for constructing a similar house, and reduced by the depreciation for the number of years
since it was constructed ; (iv) principle of reinstatement, where it is satisfactorily established that
reinstatement in some other place is bona fide intended, there being no general market for the
property for the purpose for which it is devoted (the purpose being a public purpose) and would
have continued to be devoted, but for compulsory acquisition. Here compensation will be assessed
on the basis of reasonable cost of reinstatement; (v) when the property has outgrown its utility and
it is reasonably incapable of economic use, it may be valued as land plus the break-up value of the
structure. But the fact that the acquirer does not intend to use the property for which it is used at the
time of acquisition and desires to demolish it or use it for other purpose is irrelevant; and (vi) the
property to be acquired has ordinarily to be valued as a unit. Normally an aggregate of the value of
different components will not be the value of the unit.
These are, however, not the only methods. The method of determining the value of property by the
application of an appropriate multiplier to the net annual income or profit is a satisfactory method
of valuation of lands with buildings, only if the land is fully developed, i.e., it has been put to full use
legally permissible and economically justifiable, and the income out of the property is the normal
commercial and not a controlled return, or a return depreciated on account of special
circumstances. If the property is not fully developed, or the return is not commercial, the method
may yield a misleading result."
30. Mr. R.N. Dutt, learned counsel for the respondent, drew our attention to the undisputed facts of
the instant case noted earlier and cited the following decisions in support of the order of the
Tribunal:
(a) CED v. Radha, Devi Jalan [1968] 67 ITR 761 (Cal). Here certain premises were being valued for
assessment of estate duty. The said premises were in the occupation of an old tenant who was
paying a monthly rent of Rs. 1,600. The Appellate Tribunal estimated the valuation of the property
on rental basis. On a reference it was contended before this court that the Tribunal should have
determined the real value of the property on the basis of what the property would fetch if sold in the
open market at the relevant time. This court rejected the contention and upheld the order of the
Tribunal with the following observations (at pp. 765-766):
"The contractual rent of Rs. 1,600 per month was payable by the tenant in respect of a building,
which at the material time was governed by the West Bengal Premises Tenancy Act, 1956. Under the
operation of the various rent restriction Acts, which have been operating in the State for now well
over quarter of a century, landlords have lost the right of letting out their houses at any rent they
choose and of evicting tenants on such grounds as appeal to them. Contractual relationship between
landlords and tenants have given way to statutory relationship imported by successive rent
restriction Acts and the position now is that houses may be let out only at ' fair rents ' and at no
more. If premises can no longer be let out at such rent as the landlord may expect or aspire, then
however costly the premises may otherwise be, their value have to be determined on the basis of the
limitations imposed by the statute." It was further observed (at pp. 769-770) as follows :
"When a person buys a property, he does so for two purposes, (a) to obtain an annual income, (b) to
obtain security for his capital. If the property was merely a vacant land, it might be developed and
made to yield such income, as it was capable of, in a metropolitan area where some sort of scarcity
for accommodation prevails. The property was, however, burdened with a tenanted house and the
income therefrom was controlled by a statute. This control on income was bound to react on the
value of the property and application of the land and building method would not have been a proper
method in the instant case."
(b) J.N. Bose v. CWT . Here it was held by this court in the context of the W.T. Act, that there are
different methods of valuation of immovable property and which one would be suitable for a
particular property would depend upon the particular features thereof.
(c) CED v. Bijoy Kumar Khandelwal [1977] 108 ITR 864 (Gau). In this case, the Tribunal in
determining the market value of a property under Section 36 of the E.D. Act, 1953, held that the
gross rental value was the proper method to be applied to ascertain the market value of the property
concerned. The Assam High Court held that the Tribunal did not commit any error of law by
computing the valuation on the rental method in preference to the other methods.
31. We do not accept the contention of Mr. Pal that the said property was not fully developed. Out of
a total area of 4,547 sq. ft only 1,264 sq. ft. had been left open. No evidence was led to show if this
1,264 sq. ft. was in the form of one regular plot or consisted of accretions of open spaces
unconnected with each other. The property has been sold to two persons in undivided equal shares.
The vacant land in each share will not exceed 632 sq. ft., i.e., an area less than one cottah. The
requirement of the Corporation of Calcutta is that one-third total of an area should be left vacant;
therefore, the available area for development in the instant case would be only about 200 sq. ft, in
each undivided share. In our view, the scope for future development of the said property is
negligible.
32. In R. C. Cooler [1970] 40 Comp Cas 325 (SC), the Supreme Court was considering what would be
a fair compensation where property was being acquired compulsorily and not what would be the fair
market value when such property was being voluntarily transferred by the owner for a
consideration. The Supreme Court held that application of the "yield or rental" method to value
vacant business premises in urban areas on the basis of estimated rental would lead to misleading
results and would not ensure adequate compensation. The following observations of the Supreme
Court (at p. 387) make the position clear :
"Under Explanation 2, Clause (1), 'ascertained value' in respect of buildings which are wholly
occupied on the date of the commencement of the Act is twelve times the amount of the annual rent
or the rent for which the building may reasonably be expected to be let from year to year reduced by
certain specific items. This provision, in our judgment, does not lay down a relevant principle of
valuation of buildings. In the first place, making a provision for payment of capitalised annual rental
at twelve times the amount of rent cannot reasonably be regarded as payment of compensation
having regard to the conditions prevailing in the money market. Capitalization of annual rental
which is generally based on controlled rent under some State Act at rates pegged down to the rates
prevailing in 1940 and on the footing that investment in buildings yields 81/3 per cent. return
furnishes a wholly misleading result which cannot be called compensation. Value of immovable
property has spiralled during the last few years and the rental which is mostly controlled does not
bear any reasonable relation to the economic return from property...There is in the present
conditions considerable value attached to vacant business premises in urban areas. True
compensation for vacant premises can be ascertained by finding out the market value of comparable
premises at or about the time of the vesting of the undertaking and not by capitalising the
rental--actual or estimated. Vacant premises have a considerably larger value than business
premises which are occupied by tenants. The Act instead of taking into account the value of the
premises as vacant premises adopted a method which cannot be regarded as relevant. Prima facie,
this would not give any reliable basis for determining the compensation for the land and buildings."'
33. Moreover, we find that the rent restriction legislation do not generally apply to premises in
which the Government is interested either as a tenant or as a landlord. Therefore, when the
Government acquires property, the fact that there are tenants in the property is irrelevant for the
purpose of computing compensation as the Government is not restricted from removing such
tenants. Therefore, in determining compensation payable for property acquired by the Government
valuation of the property on the basis of actual yield would be unfair to the owner.
34. The discussion in Parks' Principle and Practice of Valuation cited by Mr. Pal does not advance
the case of the revenue any further. According to Parks a fully developed and tenanted property
fetching a steady rent has to be valued by the "yield or rental" method. No doubt "land and building"
method might be applied even in such a case to check the value arrived at by the former method but
it is not the opinion of Parks that in such cases the result arrived at by "land and building" method
must be accepted in preference to that obtained by the " yield and rental " method.
35. The said property, therefore, is a property fully developed and let out to tenants in its entirety.
The quantum of rent realised has been duly ascertained and such rent is likely to be maintained for
years to come. The method indicated in Parks' Valuation at p. 37 clearly applies to such facts and, in
our opinion, the Tribunal has rightly applied the "yield or rental method" for the valuation in the
instant case.
36. We entirely agree with the principles laid down in Radha Devi Jalan [1968] 67 ITR 761 (Cal) and
find that the Tribunal has correctly applied the same in the instant case. If a statutory control is
imposed on a commodity, restricting the price, or transfer, or distribution of the same then, in our
opinion, the commodity ceases to be a commercial commodity as understood in common parlance
and becomes a controlled commodity and its effective value is its controlled value and not an
imaginary commercial value. If the State chooses to impose statutory control in respect of terms and
conditions for tenancies in properties and such control is statutorily enforced then during the
subsistence of such control such properties would necessarily have a value which is controlled. The
State cannot then turn round and say that for other purposes the properties would have a notional
commercial value. To hold otherwise would be to ignore the realities.
37. We have failed to understand either the principles or the logic of the "reversionary" method of
valuation as applied by the Valuation Officer of the department in the instant case. After following
the "yield or rental" method and having arrived at a figure the Valuation Officer has added to it the
value of an imaginary reversion in future. We invited Mr. Pal to cite any authority which has
approved or even indicated this method but he was unable to do so. It is stated in Parks' Valuation
(at p. 38) that when a property is valued on rental basis the result is the value of the land and
building taken together which cannot afterwards be apportioned. In the method adopted by the
Valuation Officer the value of the land is taken twice, being included in the amount arrived at by the
"yield or rental" method and again under the "reversionary" method. This is an entirely novel
approach but in our view erroneous.
38. The only other point to be considered is whether the Tribunal applied a proper multiplier, i.e.,
121/2 times. In our opinion, this point is academic. The Valuation Officer applied the rental method
and computed the capitalised value of the said property at Rs. 62,513 by applying a multiplier of
only 9.654. The assessee's valuer has applied a multiple of 121/2 which was accepted by the
Tribunal. The appellant has no reasons to be aggrieved that a multiplier higher than that suggested
by its own valuer has been applied.
39. Apart from the report of the Valuation Officer no other relevant evidence was available before
the competent authority or the Tribunal in support of the case of the revenue. No comparable
figures of other sales were brought on record. The vacant land sold on the 31st March, 1974, at the
rate of 28,000 per cottah was situated at the junction of Elliot Road and Acliarya Jagadish Chandra
Bose Road. There cannot be any comparison between that property and the property with which we
are concerned.
40. For the reasons given above, it cannot be said that the Tribunal erred in choosing an accepted
method of valuation, namely, the "yield or rental" method in preference to other methods.
41. Accordingly, the appeal fails and is dismissed. The respondent will be entitled to costs. Interim
orders will continue for a period of 8 weeks from date.
C.K. Banerji, J.
42. I agree.
1. This appeal arises out of proceedings for acquisition under Chapter XXA of the I.T. Act, 1961.
By a deed of conveyance dated the 4th April, 1973, Jayanta Nath Ghosh, the respondent No. 3, sold
to Anup Kumar Kapoor and Adarsh Lal Chopra, the respondents Nos. 1 and 2, respectively, the
premises No. 8, Jagadish Chandra Bose Road, Calcutta (hereinafter called the said property) for Rs.
1,80,000.
3. Statements under Section 269P(1) of the I.T. Act, 1961 (hereinafter called "the Act"), in the
prescribed form and verified in the prescribed manner were duly filed by the transferees disclosing,
inter alia, the following particulars:
(a) The said property comprised of a partly one and partly two-storeyed building together with
one-storied cut-houses having a total land area of 1 bigha 5 cottahs 3 chittaks and 4 sft.
(d) The estimated fair market value of the property was Rs. 1,80,000.
4. By a letter dated the 3rd August, 1974, the IAC Acquisition, Range I, Calcutta, the competent
authority within the meaning of Section 269A(b) read with Section 569B of the Act, referred the
matter under Section 269L(1)(a) of the Act to the Valuation Officer, Unit-III, to determine the fair
market value of the said property and to submit a report.
5. Thereupon, the said Valuation Officer inspected the said property on the 6th September, 1975,
and submitted his valuation report to the competent authority, inter alia, as follows:
(b) The main building was a traditional load-bearing brick-built double storeyed one with terraced
roofing on wooden beams and bargas having sanitary, water and electricity connections.
(c) The out-house to the rear side of the main building was a single storeyed brick-built load-bearing
one with terraced roofing on wooden beams and bargas.
(d) The out-houses facing the road were single storeyed brick-built building with A.C. Sheet/C.I.
Sheet/country tiled roofing on wooden frames.
(e) The buildings were more than 100 years old and had already outlived their economic life and
their estimated future life was 25 years,
(g) The buildings were let out to 14 tenants at an aggregate rent of Rs. 1,176 per month.
(h) The property was ideal for construction of a multi-storeyed building which could go up to 12
storeys without any set back and must have been purchased by the transferees, for that purpose
either after removing the tenants by paying compensation or by accommodating them in the new
building and even if the tenants could not be removed, constructions could start in stages,
constructing at the first stage on the vacant land measuring 115ft. X 45ft.
(i) The appropriate method of valuation of the said property was value of the land plus the break-up
value of the buildings minus the amount of compensation.
(j) As there was no approved rate for such compensation and in view of the restrictions under the
Rent Control Act, valuation of the said property was made by applying rental method for the
expected future life of the buildings adding thereto the reversionary value of the laud. The market
price of the land was thus determined at Rs. 23,000 per cottah and of the entire land of 1 bigha 5
cottahs 3 chittacks and 4 sq, ft. at Rs. 5,79,370.
6. The valuation of the said property was, however, made at Rs. 2,73,000 computed as under:
Rs.
(ii) Repairs & maintenance @ 1/6 on gross rent less tax, i.e., on Rs. 12,528 2,088
(v) Land revenue 4.14 Total outgoings 4,548.14 Say 4,548 4,548 Net return ...
9,564 Having regard to the security of the rental income, this type of property should, in my
opinion, be capitalised @ 7% security at the material time. Therefore, YP for 25 years @ 7% allowing
for redemption of capital at 4% Capital value 10,637 1,01,732 Land value reversion
Land-- 25.19 cottahs The value of 25.19 cts. of land comes to 25.19 X 23,000 P.K.
5,79,370
Say
2,73,000
7. The said Valuation Officer in determining the market value of the land of the said property took
into consideration the value of the land at 47, Shakespeare Sarani, on 29th August, 1964, at Rs.
27,468 per cottah and observed that since the beginning of 1973 speculation of residential flats in
multi-storeyed buildings has sent the price of land soaring very high.
8. On the 29th September, 1973, the competent authority, under Section 269C of the Act, recorded
his reasons for initiation of proceedings for acquisition of the said property, inter alia, stating that
on the basis of the said valuation report of the Valuation Officer the value of the said property
exceeded the apparent consideration by 51% and directed issue of notice under Section 269D of the
Act.
9. On the same date, i.e., 29th September, 1973, a notice under Section 269D(1) of the Act was
issued inviting objections against the said proposed acquisition in terms of Section 269E of the Act
which was published in the Gazette of India on the 13th October, 1973. Copies of the said notice
were also served on the transferor and the transferees in terms of Section 269D(2) of the Act.
10. Objections were filed by both the transferees and the transferor against the proposed acquisition.
(a) Initiation of the proceedings for acquisition was bad in law having been made after the expiry of
the time prescribed.
(b) The consideration for the purchase was commensurate with the capitalised value on the basis of
the annual municipal value of the said property.
(c) The buildings were very old and the said property was in the occupation of very old tenants and it
was very difficult to evict them in view of the rent control and other legislations safeguarding the
interests of tenants and thus the consideration paid for the purchase of the property was its fair
market value.
(a) The valuation of the property at Rs. 1,14,000 has been determined in the wealth-tax assessment
of the transferor since the assessment year 1966-67 and up to the assessment year 1972-73, on the
basis of rental income.
(b) Certificate under Section 230A(1) was duly issued to the transferor by the ITO after due enquiry
before registration of sale of the property at Rs. 1,80,000.
13. At the hearing of the said objections a valuation report by Mr. S.R. Banerjee, chartered engineer,
dated the 18th April, 1975, and a copy of the said deed of conveyance dated the 4th April, 1973, were
filed before the competent authority on behalf of the transferees.
14. In the course of hearing of the said objections, the competent authority supplied to the
transferees a copy of the valuation report of the said Valuation Officer and the transferees also filed
before the competent authority further objections contending, inter alia, as follows :
(b) In the income-tax assessment of the transferor for the assessment year 1973-74, the capital gains
which accrued to the transferor on sale of the said property had been assessed on the basis of Rs.
1,80,800 at which the said property was sold.
(c) Premises No. 47, Shakespeare Sarani, was not a comparable unit being a vacant land with the
advantage of immediate construction of a multi-storeyed building and was so utilised by the
purchaser while the instant property was fully tenanted and developed and on account of rent
restriction legislations the tenants could not be evicted.
(d) The valuation of land made by the Valuation Officer was based on no evidence and on
conjectures and surmises.
(e) The locality in which the said property was situate was not a good residential locality at all and
was surrounded by motor car repairing, and other machine shops, cobblers, mistries and workers in
machine shops, a neglected tank and an old abandoned cemetry.
(f) The buildings in the said property did not outlive their economic life as stated by the Valuation
Officer.
(g) The speculation of the Valuation Officer that the property must have been purchased for
construction of a multi-storied building was baseless.
(h) No construction could be made on the vacant land of US ft. x 45 ft. as under the building
regulations of the Corporation of Calcutta 50% of the total land of the said property had to be kept
vacant.
(i) The basis of valuation of the Valuation Officer that the said property would become vacant after
25 years and further development could be made thereafter was wholly imaginary.
15. The transferees also cited as a comparable unit the sale of premises No. 9, Acharya Jagadish
Chandra Bose Road, a property adjacent to the said property, having an area of 1 bigha 4 cottahs 4
chittacks and 12 sq. ft. sold in August, 1969, at a price of Rs. 98,000.
16. After hearing the said objections the competent authority held that the proceedings for
acquisition of the said property were validly initiated and after obtaining the approval of the
Commissioner of Income-tax made an order for acquisition of the said property under Section
269F(6) of the Act.
17. In making the said order, the competent authority held that the transferor had undervalued the
said property by giving its valuation at Rs. 1,14,000 in his wealth-tax assessments and evaded
wealth-tax for all the years which was obvious from the admitted consideration of Rs. 1,80,000 and,
by disclosing Rs. 1,80,000 as the sale price of the property in his income-tax returns for the year
1973-74, he also evaded tax on capital gains by undervaluing the said transaction.
18. The sale of premises No. 9 Acharya Jagadish Chandra Bose Road, for Rs. 98,000 cited by the
transferees as a comparable unit was distinguished by the competent authority on the ground that
the said transactions took place at a time when the City of Calcutta was in a very disturbed condition
due to political unrest by certain extremist elements and the said sale was made apparently at a
gross under valuation. The competent authority relied as comparable units the sale of premises No.
47, Shakespeare Sarani, and also two other sales of vacant plots of land from his own records, one in
April, 1974, near the junction of Royd Street and Acharya Jagadish Chandra Bose Road, about 300
yards from the said property, at more than Rs. 24,000 per cottah and the other in September, 1974,
at a distance of about 400 yards to the south of the said property at Rs. 55,000 per cottah. The
competent authority rejected the valuation report of Mr. S. R. Banerjee and upheld the valuation
made by the Valuation Officer observing that the Valuation Officer could value the building at scrap
value and add thereto the total value of the land computed by him at Rs. 5,79,370 but instead he
tried to be very modest in his estimate and took the value deferred for 25 years. On the basis of the
said comparable units relied on from his own records, the competent authority held that the value of
the land of the said property was more than Rs. 25,000 but less than Rs. 55,000 and that the
consideration for the transfer of the said property as agreed to between the parties had not been
truly stated in the said instrument of transfer with the object as referred to in Section 269C(1)(a), (b)
of the Act and the fair market value of the said property exceeded by more than 25 per cent, of the
apparent consideration.
19. The transferees made an application before the competent authority for correction of certain
mistakes in the said order which was refused.
20. Both the transferor and the transferees appealed to the Income-tax Appellate Tribunal against
the said order of the competent authority for the acquisition of the said property.
21. Both the said appeals were heard together by the Tribunal and were disposed of by a common
order.
22. Apart from the above-noted contentions that were urged before the competent authority that the
said property was sold by the transferor at the fair market value, the transferees relied on a further
fact before the Tribunal that in Title Suit No. 524 of 1966 instituted by India Cable Co. Ltd., one of
the tenants of the said property against Jayanta Nath Ghosh, the transferor in the City Civil Court,
Calcutta, a decree had been passed on the 25th July, 1969, declaring that the said India Cable Co.
Ltd. was entitled to use the open space in the said property and thus the transferees were not in a
position to demolish the structures or construct any multi-storeyed building as observed by the
competent authority. The valuation report of the Valuation Officer and the order of the competent
authority were supported and sought to be upheld on behalf of the revenue. The Tribunal held that
there was no procedural defect in the initiation of the said proceedings for the acquisition of the said
property. The Tribunal further held that the property being fully tenanted, the appropriate method
of valuation of the said property would be to capitalize only the rent by a certain number of years of
purchase as laid down by this court in CED v. Radha Devi Jalan [1968] 67 ITR 761 and the valuation
made by the Valuation Officer under the land and building method was bad in law. The Tribunal
further found that the sale instance cited on behalf of the transferees made it apparent that the said
property could not have been sold for a consideration more than what was stated in the deed of
conveyance dated the 4th April, 1973. The Tribunal also noted that in the income-tax and wealth-tax
assessments of the transferor the value of the said property was determined at Rs. 1,80,000 and at
Rs. 1,48,344, respectively. The provisions of Section 52(2) of the Act were not invoked by the ITO to
enhance the quantum of capital gains. A certificate under Section 230A of the Act was issued to the
transferor before the registration of the said deed of conveyance without any objection. The Tribunal
also noted that the wealth-tax assessment of the transferor for the assessment year 1971-72 was
revised by the CWT and the WTO valued the said property at Rs. 1,48,344 by giving effect to the said
order of the CWT.
23. The Tribunal held that the conditions for initiation of the proceedings for acquisition of the said
property and that the fair market value of the said property exceeded the apparent consideration by
more than 15% were not satisfied. The order of the competent authority was therefore cancelled and
the appeals were allowed.
24. Being aggrieved by the said order of the Tribunal, the Commissioner, W. B.-II, has preferred this
appeal under Section 269H of the Act.
25. At the hearing, Mr. Pranab Pal, learned counsel for the respondents Nos. 1 and 2, raised a
preliminary objection that the appeal was time-barred. The said order of the Tribunal was received
by the appellant on the 3rd October, 1975, while the appeal was preferred on the 3rd December,
1975, after the expiry of 60 days from the date of service of notice of the said order of the Tribunal as
provided in Section 269H of the Act as will appear from the statements made in para. 9 of the
petition of the appellant for admission of the appeal and the notice of motion taken out.
26. Mr. Ajit Sengupta, the learned counsel for the appellant, submitted that the appeal was not
time-barred as the date, 3rd October, 1975, mentioned in para. 9 of the petition was a mistake which
should be 4th October, 1975.
27. In view of the dispute between the parties as to the date of receipt of the said order of the
Tribunal by the appellant, we directed the appellant to make a formal application for correction of a
mistake in para. 9 of the said petition, if any, and to satisfy this court that the appeal was not
time-barred.
28. On 21st July, 1978, the appellant made the said application and from the records produced
before us, we were satisfied that the copy of the said order of the Tribunal was received by the
appellant on the 4th October, 1975, and the appeal was, therefore, not time-barred and we,
therefore, directed the appellant to make necessary correction in para. 9 of the petition, which has
since been made.
29. At the hearing before us, Mr. B. L. Pal, learned counsel for the appellant, limited his arguments
and contentions only on grounds Nos. 6, 8 and 12 of the grounds of appeal.
30. Mr. B. L. Pal contended that the entire property was not tenanted but only the buildings were
occupied by the tenants and the land which was lying vacant could, therefore, be built upon. He
relied on the valuation report of the Valuation Officer. Mr. Pal further contended that, inasmuch as
the entire property was not tenanted, the said Valuation Officer, therefore, applied the correct
method of valuation considering the future life of the buildings. The valuation was, therefore, made
on rental method for the estimated life of the buildings and thereafter on the reversionary value of
the land after the buildings had outlived their natural life. He next contended that the sale instance
in 1969 cited by the transferees could not be relied upon and was rightly rejected by the competent
authority inasmuch as, due to political disturbances in Calcutta, the value of land and buildings at
the relevant time had considerably gone down. The sale instances relied on by the competent
authority were better comparable units and represented more or less the value of land and buildings
prevailing in 1973. Mr. B, L. Pal submitted that the rental or yield method accepted by the Tribunal
for valuing the said property was wholly wrong and inapplicable to the instant case.
31. In support of his contentions Mr. B. L. Pal relied on the following passages from Parks on
Valuations, 4th Edn., at pages 37 and 38 :
"When land is fully developed by buildings erected thereon ; when the property is let at a rent from
which the fair rent can be ascertained ; and when the rent has been proved and is likely to be
maintained for years to come, then the rental method of valuation should be applied to determine
the market value of the premises.......
When a property is valued on the rental basis, the result is the value of the land and buildings taken
together and cannot afterwards be apportioned......
This does not mean the land and building method cannot be employed to check a valuation done by
the rental method... ...after capitalisation of the rent you cannot deduct the depreciated value of the
buildings on the land, and say that the result is the definite value of the land."
32. Mr. B.L. Pal also cited a decision of the Supreme Court in Rustom Cavasjee Cooper v. Union of
India [1970] 40 Comp Cas 325 (SC). One of the questions involved in this case was whether
compensation payable under the Banking Companies (Acquisition and Transfer of Undertakings)
Act, 1969, meant a just equivalent in money of the property acquired or did not mean such just
equivalent and if the court could go into the propriety or adequacy or reasonableness of the
compensation under Article 31 of the Constitution. The Supreme Court held that a statute which
provided for acquisition must either fix the compensation or specify the principles on which and in
the manner in which the compensation was to be determined. The following principles laid down by
the majority judgment at page 383 was relied on :
"The important methods of determination of compensation are 3 (i) market value determined from
sales of comparable properties, proximate in time to the date of acquisition, similarly situate, and
possessing the same or similar advantages and subject to the same or similar disadvantages. Market
value is the price the property may fetch in the open market if sold by a willing seller unaffected by
the special needs of a particular purchaser; (ii) capitalization of the net annual profit out of the
property at a rate equal in normal cases to the return from gilt-edged securities. Ordinarily, value of
the property may be determined by capitalizing the net annual value obtainable in the market at the
date of the notice of acquisition ; (iii) where the property is a house, expenditure likely to be
incurred for constructing a similar house, and reduced by the depreciation for the number of years
since it was constructed; (iv) principle of reinstatement, where it is satisfactorily established that
reinstatement in some other place is bona fide intended, there being no general market for the
property for the purpose for which it is devoted (the purpose being a public purpose) and would
have continued to be devoted, but for compulsory acquisition. Here compensation will be assessed
on the basis of reasonable cost of reinstatement; (v) when the property has outgrown its utility and
it is reasonably incapable of economic use, it may be valued as land plus the break-up value of the
structure. But the fact that the acquirer does not intend to use the property for which it is used at the
time of acquisition and desires to demolish it or use it for other purpose is irrelevant; and (vi) the
property to be acquired has ordinarily to be valued as a unit. Normally, an aggregate of the value of
different components will not be the value of the unit.......
These are, however, not the only methods. The method of determining the value of property by the
application of an appropriate multiplier to the net annual income or profit is a satisfactory method
of valuation of lands with buildings, only if the land is fully developed, i.e., it has been put to full use
legally permissible and economically justifiable and the income out of the property is the normal
commercial and not a controlled return, or a return depreciated on account of special
circumstances. If the property is not fully developed, or the return is not commercial, the method
may yield a misleading result."
33. Mr. Pranab Pal, the learned counsel for the transferees, contended that the entire property was
tenanted. He relied on the decree dated 25th July, 1969, passed by the learned judge, 4th Bench,
City Civil Court, Calcutta, in Title Suit No, 524 of 1966 (Indian Cable Co. Ltd. v. Jayanta Nath
Ghosh) granting a permanent injunction restraining the defendant, his agents, servants and/or
factors from making any construction or digging earth or making holes whatsoever or raising any
wall in the plaintiff's tenancy at 8, Lower Circular Road (Acharya Jagadish Chandra Bose Road),
Calcutta-17, or any part thereof and/or doing anything in any way changing the nature or character
of the said tenancy and/or encroaching upon its tenancy rights and not to enter in or upon the open
space (vacant land) including the lawn to the north of the main building and out-houses up to the
northern boundary of the said premises which was noted and considered by the Tribunal. Mr.
Pranab Pal, therefore, submitted that in view of the said injunction no construction was possible on
any part of the vacant land in the said property. In any event, under the building regulations under
Calcutta Municipal Act, 1951, not less than 50% of the land had to be kept vacant in the area where
the said property was situated. The question of the land lying vacant and the feasibility of
construction thereon were neither mooted by the revenue before the competent authority nor did
the competent authority consider the same nor did it proceed on that basis. This was a pure question
of fact and could not be raised by the revenue in this appeal. Mr. Pranab Pal submitted that the
Tribunal in arriving at its conclusions considered all the facts and materials placed before it. It
considered not only the instance of sale in 1969 but also of sales in 1964 and 1974 as well as the
wealth-tax assessments and computation of capital gains tax in the income-tax assessment of the
transferor.
34. Mr. Pranab Pal drew our attention to the undisputed facts in this case already noted by us
earlier, and cited the following decisions in support of the order of the Tribunal.
(a) CED v. Radha Devi Jalan [1968] 67 ITR 761 (Cal) relied on by the Tribunal. Here, a certain
property was being valued for assessment of estate duty which was in the occupation of an old
tenant paying a monthly rent of Rs. 1,600. The Appellate Tribunal held that the fair method of
estimating the valuation of the property was the rental basis. The revenue came up in a reference
before this court and contended that the Tribunal should have determined the real value of the
property on the basis of what the property would fetch if sold in the open market at the relevant
time. This court, in rejecting such contention and upholding the order of the Tribunal, observed at
pages 765 and 766 as under :
"The contractual rent of Rs. 1,600 per month was payable by the tenant in respect of a building,
which at the material time was governed by the West Bengal Premises Tenancy Act, 1956. Under the
operation of the various rent restriction Acts, which have been operating in the State for now well
over quarter of a century, landlords have lost the right of letting out their houses at any rent they
choose and of evicting tenants on such grounds as appeal to them. Contractual relationship between
landlords and tenants have given way to statutory relationship imported by successive rent
restriction Acts and the position now is that houses may be let out only at 'fair rents' and at no more.
If premises can no longer be let out at such rent as the landlord may expect or aspire, then, however
costly the premises may otherwise be, their value have to be determined on the basis of the
limitations imposed by the statute."
"When a person buys a property, he does so for two purposes, (a) to obtain an annual income, (b) to
obtain security for his capital. If the property was merely a vacant land, it might be developed and
made to yield such income, as it was capable of, in a metropolitan area where some sort of scarcity
for accommodation prevails. The property was, however, burdened with a tenanted house and the
income therefrom was controlled by a statute. This control on income was bound to react on the
value of the property and the application of the land and building method would not have been a
proper method in the instant case."
(b) J. N. Bose v. CWT . Here, it was held by this court in the context of the W.T. Act that there were
different methods of valuation of immovable property and the one suitable for a particular property
would depend upon the particular features thereof.
(c) CED v. Bijay Kumar Khandelwal [1977] 108 ITR 864 (Gauhati). In this case, the Assam High
Court confirmed the order of the Tribunal in determining the market value of a property under
Section 36 of the E.D. Act, 1953, that the gross rental value was the proper method to be applied to
ascertain the market value of the property concerned.
(d) Smt. Bani Roy Chowdhury v. Competent Authority . Here, the validity of proceedings for
acquisition of the property of the petitioner initiated under Section 269D(1) of the I.T. Act, 1961, by
the competent authority was challenged by the petitioner in a writ petition under Article 226 of the
Constitution.
The following observations made by this court were relied on (p. 121) :
"As stated above the scheme of the provisions of this new Chapter is to counteract the evasion of tax
in certain cases. It is to be appreciated that the competent authority has to take note of the said fact
and proceed on that basis. It is not that in any and in every case wherever the apparent
consideration is less than the real market value that it must form its reason to believe in the manner
as provided in Clauses (a) and (b) of Subsection (1) of Section 269C of the Act. It has to take a
rational view of the matter. In the process of the formation of its belief it would be one of the most
vital factors for it to consider whether or not the transaction was so entered into with the object of
evading taxes and it is incumbent upon it to record its reasons for arriving at the belief. Merely
quoting the section would not do. The relevant factors which led him to believe must be recorded."
35. We are unable to accept the contentions of Mr. B. L Pal that the said property was not fully
developed or was not fully tenanted. It is undisputed that the total land area of the property is 1
bigha 5 cottahs 3 chittaks and 4 sq. ft. According to the Valuation Officer of the revenue the land
which was lying vacant was 115 ft. x 45 ft. corresponding approximately to 7 cottahs 3 chittaks.
There is no evidence to show whether this vacant land was one contiguous plot or divided into
several plots unconnected with each other. On a simple arithmetical calculation the developed or
built up area of the said property covered by the main building and the out-houses was
approximately 18 cottahs. Under the prevailing building regulations of the Corporation of Calcutta
in the area where the said property is situated 50% of the total land has to be left open in
constructing a building. Thus, at least, over 12 cottahs of land had to be left open but the land left
open being approximately 7 cottahs 3 chittaks was less than the requirement under the said building
regulations. In our view, there is, therefore, no scope for development of the said property either
immediate or in the near future, so long as the existing building and outhouses remained and so
long as the tenants did not vacate, who are, no doubt, protected under the rent control legislations.
36. In Rustom Cavasjee Cooper [1970] 40 Comp Cas 325 (SC), the Supreme Court was dealing with
the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1969, and considered what
would be the fair compensation where the property was compulsorily acquired and not what would
be the fair market value when the same was voluntarily transferred by the owner for consideration,
The Supreme Court observed that the application of the yield or rental method in valuing a vacant
business premises in urban areas on the basis of the estimated rental income would lead to
misleading results and would not ensure adequate compensation. In that context, the Supreme
Court, at page 387 of the report, observed as follows:
"Under Explanation 2, Clause (1), 'ascertained value' in respect of buildings which are wholly
occupied on the date of the commencement of the Act is twelve times the amount of the annual rent
or the rent for which the building may reasonably be expected to be let from year to year reduced by
certain specific items. This provision, in our judgment, does not lay down a relevant principle of
valuation of buildings. In the first place, making a provision for payment of capitalised annual rental
at twelve times the amount of rent cannot reasonably be regarded as payment of compensation
having regard to the conditions prevailing in the money market. Capitalization of annual rental
which is generally based on controlled rent under some State Act at rates pegged down to the rates
prevailing in 1940 and on the footing that investment in buildings yields 8J per cent. return
furnishes a wholly misleading result which cannot be called compensation. Value of immovable
property has spiralled during the last few years and the rental which is mostly controlled does not
bear any reasonable relation to the economic return from property. If the building is partly occupied
by the bank itself and partly by a tenant, the ascertained value will be twelve times the annual rental
received, and the rent for which the remaining part occupied by the bank may reasonably be
expected to be let out. By the Act the corresponding new banks take over vacant possession of the
lands and buildings belonging to the named banks. There is in the present conditions considerable
value attached to vacant business premises in urban areas. True compensation for vacant premises
can be ascertained by finding out the market value of comparable premises at or about the time of
the vesting of the undertaking and not by capitalising the rental--actual or estimated. Vacant
premises have a considerably larger value than business premises which are occupied by tenants.
The Act instead of taking into account the value of the premises as vacant premises adopted a
method which cannot be regarded as relevant. Prima facie, this would not give any reliable basis for
determining the compensation for the land and buildings."
37. The discussions in Parks on Valuations cited by Mr. B.L. Pal does not in any way advance the
case of the revenue. According to Parks if a property is fully developed and tenanted and is fetching
a rent which is likely to be maintained for years to come, its valuation should be made by applying
the "rental" method. The "land and building" method might, however, be applied even in such a case
only to check the valuation arrived at by the "rental" method but it is not the opinion of Parks that
the result arrived at by "laud and building" method in such a case is to be accepted in preference to
that arrived at by the "yield or rental" method. On the contrary, the opinion of Parks is that in
valuing a property the depreciated value of the building cannot even be deducted from its valuation
arrived at by the rental method.
38. The said property is fully developed and let out to tenants in its entirety. There is no dispute as
to the quantum of rent realised which has been duly ascertained and such rent is likely to remain
unaltered for years to come. The method indicated in Parks on Valuations at page 37, therefore,
clearly applies to the facts of this case and, in our opinion, the Tribunal rightly applied the "yield or
rental method" for valuation in the present case.
39. We find that the Tribunal had correctly applied in this case the principles laid down in Radha
Devi Jalan [1968] 67 ITR 761 (Cal) with which we are in entire agreement.
40. Tenancies in Calcutta are statutorily controlled by the rent control legislations and its impact on
the valuation of tenanted properties cannot be ignored. In our view, it would be unreasonable if not
absurd to value such property on the basis of a notional market value in disregard of such control.
Whether the transferees purchased the said property with an idea of construction of a multistoreyed
building therein in future or for some other purpose was wholly immaterial in determining the
market value of the said property on the date of its purchase by the transferees.
41. The Valuation Officer of the revenue in valuing the said property followed the "yield or rental"
method and, having arrived at a figure, he added to it the value of an imaginary future reversionary
value of the land. We have not been able to appreciate and understand either the principle or logic
behind this "reversionary" method of valuation applied by the said Valuation Officer. Mr. B.L. Pal
was also unable to place before us any authority in support of such a method. The passage cited by
Mr. B. L. Pal from page 38 of Parks on Valuations shows that when a property is valued on rental
basis the result is the value of the land and building taken together which cannot afterwards be
apportioned. The Valuation Officer under the method adopted by him, has taken the value of the
land twice, once in arriving at the figure by the "yield or rental" method and again in applying the
"reversionary" method. This in our view was wholly wrong.
42. The competent authority in coming to his conclusions did not rely on any relevant evidence
except the report of the said Valuation Officer. No comparable units of other sales were brought on
record by him. The vacant land at No. 47, Shakespeare Sarani, sold on 29th August, 1964, at the rate
of Rs. 27,468 per cottah or the instances of sales of. two other vacant plots of land in 1974, one near
the crossing of Royd Street and Acharyya Jagadish Bose Road at more than Rs. 24,000 per cottah,
and the other at a distance of about 400 yards to the south of the said property at Rs. 55,000 per
cottah; could hardly be said to be comparable units with the said property having an old building
and out-houses wholly tenanted and subject to the rent control legislation, while all the said alleged
comparable units were vacant lands with prospects of immediate development.
43. For all the above reasons, it cannot be said that the order of the Tribunal was perverse being
inconsistent with the evidence on record or contradictory to it or was arrived at without considering
or ignoring any material fact.
44. We had occasion to deal with a similar case in Income-tax Appeal No. 5 of 1976 instituted CIT v.
Ashima Sinha (since ), where similar arguments were advanced by the parties and the valuation
report of the Valuation Officer was also made on similar lines. We have taken the same view in that
appeal as in this appeal and the said appeal was dismissed by us on the same reasonings and
grounds as in this case.
45. The appeal, therefore, fails and is dismissed with costs. Interim orders passed herein will
continue for a period of eight weeks from date.
46. I agree.
PART - XII
PART - XII
* * *
641
Ans.(a)
2. A market which has only one seller selling a homogeneous product to many buyers is
known as:
a. oligopoly
b. monopoly
c. perfect competition
d. monopolistic competition
Ans.(b)
3. Theories of factor of production consider _____ to be the reward for the entrepreneur.
a. rent
b. interest
c. profit
d. capital
Ans.(c)
4. The frequency at which one unit of currency is used to purchase domestically produced
goods and services within a given time period is known as:
a. velocity of money
b. speed of money
c. momentum of money
d. count of circulation of money
Ans. (a)
5. If a person has an income of Rs.30,000 and his consumption is Rs.10,000, then his
propensity to save is:
a. 1.33
b. 0.33
c. 0.67
d. 1.50
Ans.(c)
642
Ans. (b)
Ans. (d)
Ans. (d)
9. For a real estate construction company, which of the following is not part of Profit and
Loss statement?
a. Revenue from apartment sales
b. Interest paid to lenders
c. Cash deposited in bank
d. Depreciation expense
Ans.(c)
10. Difference between selling price and variable cost per unit can be classified as______ per
unit.
a. contribution margin
b. interest margin
c. rent margin
d. profit margin
Ans. (a)
Ans. (d)
643
12. A contract to perform the promise, or discharge the liability, of a third person in case of
default is known as:
a. Contract of indemnity
b. Contract of guarantee
c. Contingent contract
d. Quasi contract
Ans.(b)
13. In case of a ___________, the duty is one imposed by the law and is owed to the
community at large.
a. contingent contract
b. cecile agreement
c. government tender
d. tort
Ans.(d)
15. With reference to the Arbitration and Conciliation Act, 1996, if the parties fail to
determine number of arbitrators, which statement holds true?
a. The arbitral tribunal shall consist of sole arbitrator only.
b. The civil court shall take the cognizance of the matter.
c. The arbitral tribunal shall consist of a judge not less than the rank of a High Court
Judge.
d. The arbitral tribunal shall consist of a judge not less than the rank of a District Judge.
Ans.(a)
Ans. (b)
17. Mr. X desires a Court give judgment that he is entitled to certain land in the possession of
Mr. Y, by reason of facts which he asserts, and which Mr. Y denies, to be true. Select the
correct statement.
a. Mr. Y must prove the existence of the facts
b. There is no burden on either to prove the facts
c. Mr. X must prove the existence of the facts
d. The Registrar of the property concerned shall prove the possession
Ans.(c)
644
18. As per section 36 of the Insolvency and Bankruptcy Code, 2016, the liquidator shall hold
the liquidation estate:
a. as an agent of debtor
b. as an agent of committee of creditors
c. as a fiduciary for the benefit of all the creditors
d. as a fiduciary for the benefit of all the stakeholders
Ans.(c)
19. Section 231 (2) of the Companies Act, 2013 empowers a tribunal to __________, if it is
satisfied that the compromise sanctioned under section 230 cannot be implemented
satisfactorily, and the company is unable to pay its debts as per the scheme.
a. wind up the company
b. restructure the debt
c. call for rearrangement
d. replace the management
Ans.(a)
20. Under SARFAESI Act 2002, a lender should approach which of the following agency, to
file an application for enforcement of its security interest?
a. Debt recovery tribunal
b. High court
c. National company law tribunal
d. District Court
Ans.(a)
21. When value of variables are associated with weights, then the mean obtained is said to be
_______.
a. weighted arithmetic mean
b. harmonic mean
c. standard mean
d. geometric mean
Ans.(a)
22. The patterns of change within a year that tend to repeat from previous period is called
________.
a. irregular variation
b. seasonal variation
c. secular trend
d. cyclical fluctuation
Ans.(b)
23. Technology that permits safe, efficient, and inexpensive clean-up of contaminants in
property tends to minimise _________ in asset value.
a. gain
b. loss
c. fluctuations
d. uncertainty
Ans.(b)
645
24. Which planning provision is required around the battery limit for an industry having
odour problem?
a. No development zone
b. Green belt
c. Special permission zone
d. Industrial regulation zone
Ans.(b)
25. In which of the following Act, provisions for health and safety in industries are covered?
a. The Environment Protection Act
b. The Forest Act
c. The Factories Act
d. The Industrial Dispute Act
Ans.(c)
26. Which of the following is not a conduct most people associate with ethical behaviour?
a. Bribing
b. Negotiating
c. Advocating
d. Lobbying
Ans. (a)
27. As an independent valuer, the valuer should not charge________fee.
a. professional
b. success
c. mandate
d. legal
Ans. (b)
Ans. (b)
29. Which of the following would not be included in Valuer`s Engagement Letter?
a. Timeline of the engagement
b. Management`s responsibilities with respect to financial records and accuracy of
information
c. Terms of payment
d. Management representation
Ans. (d)
646
30. What is the date of assessing value for the assets under the Land Acquisition Act,2013?
a. Date of proposal
b. Date of public hearing
c. Date of impact assessment
d. Date of notification
Ans. (d)
31. Which of the following factor is not affecting valuation of property as per the general
building rules and regulations?
a. Size of rooms
b. Population in the area
c. Height of building
d. Land use and Zoning
Ans. (b)
32. Which of the following is the main reason for enactment of Rent Control Act in India?
a. Avoid exploitation of Tenants
b. To manage supply and demand
c. Easy availability of Dwellings
d. For betterment of economy
Ans. (a)
Ans. (b)
34. Which of the following is not a means of transfer, under the Transfer of Property
Act,1882?
a. Sale of Plot
b. Gift of land
c. Mortgage of plot
d. Hypothecation of Land
Ans. (d)
35. Which of the following is not the basic type of lease, under leasing of immovable
properties?
a. Building lease
b. Standard Lease
c. Sub Lease
d. Occupational Lease
Ans. (b)
647
36. The Hindu Succession Act, 1956 does not apply to a ______.
a. follower of the Arya Samaj
b. Buddhist by religion
c. child both of whose parents are Jains by religion
d. person who has converted to Christianity
Ans.(d)
37. In the absence of a Will, a person’s heirs can access control of the deceased person’s
assets after obtaining a ___________.
a. Inheritance claim
b. Succession certificate
c. Birth records
d. Family records
Ans.(b)
38. Which of the following is true with reference to valuation of bridges, roads and other
infrastructure projects?
a. These have value-in-exchange
b. These have value to the owner
c. These have value-in-use
d. These have value to the user
Ans. (c)
39. Which of the following factors is not physical factor but affects the valuation of a subject
property?
a. Damages to the building
b. Gross Domestic Product
c. Property location
d. Neighbourhood properties
Ans.(b)
40. While valuation of real-estate properties, dual rates are used generally
for______properties.
a. Freehold
b. Leasehold
c. Tenants occupied
d. Property with a claim dispute
Ans.(b)
42. To what amount will Rs. 1 invested at 6 per cent compound interest accumulate in 4
years?
a. Rs. 0.982
b. Rs. 1.263
c. Rs.1.350
d. Rs.1.500
Ans.(b)
43. A fund formed by setting aside an annual recurring amount for a given period of time to
recoup capital invested in a landed property is called ____.
a. sinking fund
b. demolition fund
c. replacement fund
d. maintenance fund
Ans.(a)
44. A proposed development of four lane highway along a city suburban area _____.
a. decreases supply of land for development in area along the road
b. increases demand of land in the area along the road
c. decreases demand of land in the area along the road
d. increase cost of construction in the area
Ans.(b)
45. Which of the following would have effect on development potential and values of
properties?
a. Floor space index
b. Ownership pattern
c. size and height of rooms
d. provision of utility services in a building
Ans.(a)
46. Demand for real estate in a specific location is not influenced by which of the following?
a. Price of housing
b. Demand for automobiles
c. Cost of borrowing
d. Consumer’s preference
Ans.(b)
47. Which of the following is not an objective for a green building code?
a. Water conservation
b. Energy efficiency
c. Cost of construction
d. Dependence on virgin material
Ans. (c)
649
48. Which of the following does not represent correct meaning of properties, considered for
valuation of properties, under income approach?
a. Unoccupied property
b. Owner occupied property
c. Building under construction
d. Rent fetching property
Ans. (c)
49. Which of the following is not true with reference to wealth, in valuation of property?
a. Wealth is material thing
b. Wealth consists of useful things owned by person
c. Property is benefit of wealth
d. All goods which satisfy human wants are wealth
Ans. (d)
50. In case the unexpired period of lease is too long then reversionary value would be___.
a. negative net present value
b. zero
c. negligible
d. less than zero
Ans.(c)
Ans.(d)
52. An investor purchases a property for Rs. 1 crore and then spends another Rs.20 lakh to
redevelop the property in order to earn a higher rent, bringing the total cost to Rs.1.2
crore. The property is expected to produce a net operating income of Rs.10 lakh. Its
unlevered yield is ____.
a. 6.25%
b. 8.33%
c. 10.0%
d. 12.0%
Ans. (b)
53. A project requires an investment of Rs.10 lakh and has an NPV of Rs.16 lakh. What is its
profitability index?
a. 1.0
b. 1.6
c. 0.6
d. 3.2
Ans.(b)
650
54. Which of the following would be a least suitable approach to value a specialized
property?
a. cost of replacement,
b. income expected from the property
c. profit-producing qualities of the property
d. sales-comparison
Ans.(d)
55. In order to carry out valuation of immovable properties, under market approach, the
fundamental requirement is that the property should be ______________________
a. Investible
b. Transferable
c. Marketable
d. Non-investible
Ans.(c)
Ans. (a)
57. In a adjustment grid model exercise assignment of weightages to factors is best done on
the basis of:
a. Relative importance of factors to the local people
b. Relative importance to the valuer
c. Valuer’s intuition and knowledge
d. Valuer’s judgement of value
Ans.(a)
58. Size, shape, plot area, frontage and depth, vista, orientation, soil type, topography etc. are
characteristics of land, are ______ factors that affect the value of a subject land.
a. legal
b. cultural
c. physical
d. economic
Ans (c)
59. Which method of valuation is best used to estimate fair market value of land of large size
on the basis of sale of smaller plots?
a. Adjustment grid method
b. Hypothetical plotting method
c. Hedonic sales
d. Belting method
Ans.(b)
651
60. In its simplest form, the residual method yields the maximum purchase of a site as
______
a. Expected price of the developed property –(expected development costs +
allowance to cover risk and profit)
b. Expected income from property – development cost
c. Expected cost of development + profits
d. expected development costs + allowance to cover risk and profit
Ans. (a)
61. A real estate JV agreement does not include which of the following factors:
a. Distribution of profits
b. Capital contribution
c. Management and control
d. Insurance
Ans. (d)
62. Which of the following valuation approach generally considered, which gives true
investment made by the person with reference to immovable properties?
a. Income
b. Cost
c. Market
d. Development
Ans.(a)
Ans.(c)
64. Asset which has become outdated mainly due to the planning and designing being
unsuitable for present day requirement of the user is an example of:
a. technological obsolescence
b. economic obsolescence
c. functional obsolescence
d. excess depreciation due to wear and tear
Ans. (c)
Ans.(b)
652
66. Which of the following is true with reference to reproduction cost, under cost approach
of valuation of immovable properties?
a. It is not derived using cost inflation index
b. It is derived with same utility
c. It is derived with different material of construction
d. It is derived with the same material of construction
Ans.(d)
67. In which of following methods, valuer adjusts prices paid for comparable assets with
subject assets to estimate value?
a. Depreciated replacement cost method
b. Discounted cash flow
c. Rule of thumb method
d. Sales comparison method
Ans. (d)
Ans. (d)
70. Section 247(2) of the Companies Act 2013, any valuation undertaken should not be
carried out using a method that is _______.
a. an internationally accepted valuation methodology
b. adopted by any valuation professional organisation
c. specified by Reserve Bank of India, Securities and Exchange Board of India or any
other statutory regulatory body
d. customized to client needs
Ans. (d)
71. Which of the following statement is not true with reference to fair value measurement
under Ind AS 113?
a. Fair value represents an exit price and is not an entry price
b. Fair value is market based measurement and not an entity specific measurement
c. Estimation of fair value based on Highest and best use premise
d. Fair value measurement is adjusted for transaction costs
Ans. (d)
653
Ans. (d)
73. The Supreme Court observed that this value is “unaffected by the special needs of a
particular purchaser” in _________ case.
a. R.C. Cooper Vs. Union of India (1970)
b. CWT Vs. P.N. Sikand (1977)
c. Wenger & Co. Vs. DVO (1978)
d. Jawajee Nagnathan Vs. Revenue Divisional Officer (1994)
Ans. (a)
74. In which case did the Supreme Court hold that the factor can be discounted by making
deduction by way of allowances at an appropriate rate ranging approximately between
20% to 50%, while deriving land rate of large plot of land from sale instances of small
plot of land.
a. Chimanlal Hargovindas Vs. Special Land Acquisition Officer (1988)
b. CED Vs. Radhadevi Jalan (1968)
c. CIT Vs. Ashima Sinha (1979)
d. CIT Vs. Anupkumar Kapoor & others (1980)
Ans.(a)
75. Which of the following is not an essential feature for contract of sale?
a. Presence of two parties
b. Sale of goods
c. Consideration in terms of price
d. Unconditional contract
Ans. (d)
76. Which one of following peril is an add-on cover in a standard fire insurance policy?
a. Earthquake
b. Aircraft damage
c. Riots
d. Storm
Ans. (a)
77. When amount of insurance is less than the value of machinery damaged a loss payable is
as per ______.
a. sum insured
b. reinstatement value
c. condition of average
d. indemnity value
Ans. (c)
654
78. Which of the following tasks are not covered within the scope of Valuers’ functions?
a. To advise individual clients and corporate firms on effective strategies for buying
properties
b. To verify revenue
c. To conduct marketing work to make the property attractive to potential purchasers
d. To appear as an expert witness in court
Ans. (c)
79. An asset is officially appraised and priced on _____.
a. verification date
b. valuation date
c. report date
d. effective date
Ans. (b)
Ans.(c)
I. An owner purchased a piece of land measuring about 350 m² and constructed a bungalow
of ground and one upper floor for his personal use some 30 years back. The bungalow is
of first-class construction having a future economic life of 40 years and has got the total
built-up area of 300 m². The owner now desires to sale the same and has received an
offer of Rs.55lakhs with vacant possession or in the alternative he has been offered a
gross yearly rent ofRs.2,00,000 for the bungalow and the plot together. There is good
demand for such property in the locality. Other information is as follows:
Value of land in the locality for similar plots = Rs.8000 per sq.m.
Present replacement cost of such a bungalow = Rs.15,000 per sq.m.
Total outgoings = 15 per cent of the gross rent
Annual sinking fund for redemption of Re. 1 at
5 per cent in 70 years = 0.0017
Amount of Re. 1 per annum in 30 years at 5 per cent= Rs.66.439
Year’s purchase at 3% in perpetuity = 33.33
(4x2 = 8 marks)
81. What is the amount of depreciation of the bungalow?
a. 42.86 %
b. 11.29 %
c. 15.30 %
d. Zero
Ans. (b)
655
Ans. (a)
Ans. (b)
84. What will be the market value of the property by income approach?
a. Rs.66,66,000
b. Rs.56,66,000
c. Rs.55,00,000
d. Rs.50,00,000
Ans (b)
II. A business man purchased a plot of 1000 Sq.mt. in a posh locality of a city in the year
1987 for a price of Rs. 30,00,000. In the year 1988, he constructed a residential bungalow
having 300 Sq.mt. built up floor area at ground level and 100 Sq.mt. built up area at first
floor level at the cost of Rs. 14,00,000. Prevalent replacement cost of similar bungalow
as on today is Rs. 30,000 per Sq.mt. Prevalent land price in the locality at present is Rs.
60,000 per Sq.mt. Age of building is 30 years and the total life of the building is 60
years.
(6x2 = 12 marks)
85. What will be the depreciation amount of the bungalow by adopting straight line method
of depreciation and considering scrap value at 10 %?
a. Rs.60,00,000
b. Rs.54,00,000
c. Rs.45,00,000
d. Rs.12,00,000
Ans . (b)
86. What will be the depreciation amount of the bungalow by adopting constant percentage
method of depreciation?
a. Rs.54,00,000
b. Rs.47,37,600
c. Rs.60,00,000
d. Rs.54,46,000
Ans. (b)
656
Ans. (b)
88. What will be the total market value of the bungalow property for the bank loan purpose?
a. Rs.600,00,000
b. Rs.666,00,000
c. Rs.612,00,000
d. Rs.566,10,000
Ans (b)
Ans. (b)
90. Which of the following will not be considered for the estimation of present market value
of above property?
a. Deprecation
b. Current Replacement cost of the building
c. Economic obsolescence
d. Current land rate
Ans. (c)
*****
01.09.2020
B. KANAGA SABAPATHY
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