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R. RAGHUNANDAN RAO
Paturi Veera Venkata Narasimha Rao – Appellant
Versus
Rayudu Venkata Krishna Rao – Respondent
ORDER :
The petitioners herein had filed O.S.No.629 of 2015 on the file of XII Additional District Judge, Visakhapatnam against the respondent herein seeking specific performance of agreement of sale dated 28.06.2015. In the course of the case, an issue had arisen as to whether the suit for agreement to sell has to be impounded for payment of stamp duty and penalty by treating the said document as a document of sale, under Explanation-1 to Article 47-A of Schedule-1 A of the Indian Stamp Act, 1899. After hearing both sides, the trial Court by an order dated 08.04.2021 had held that the document is chargeable as a sale under Explanation-1 to Article 47-A of Schedule-1 A of the Indian Stamp Act, 1899. Aggrieved by the said order, the petitioners have approached this Court, by way of the present civil revision petition.
2. Heard Sri S.V.S.S. Sivaram learned counsel, appearing for the petitioners and Sri C.V.R.Rudra Prasad learned counsel, appearing for the respondent.
3. The 2nd Petitioner is the daughter of the respondent and the 1st petitioner is the husband of the 2nd petitioner. The case of the petitioners, in the trial Court was that, the respondent, who was the owner of a plot of l
Point of Law : Any agreement of sale which evidences delivery of possession by virtue of the said agreement of sale or any document which even records that delivery of possession had been done even b....
Agreements evidencing delivery of possession are liable for stamp duty as conveyances under the Stamp Act.
Suit for Specific Performance – Liability to pay stamp duty – Stamp duty is on instrument and not on transaction – It is immaterial, whether possession of property has been handed over at the time of....
The main legal point established in the judgment is that the actual delivery of possession and the purpose of the delivery are crucial factors in determining the applicability of stamp duty under the....
An agreement of sale not containing a delivery of possession recital is exempt from stamp duty as per the Indian Stamp Act.
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