JUDGMENT - P.C.:---The petitioner has moved this petition against the Sub-Registrar of Assurances and Joint District Registrar Controller of Stamp Duty of Documents, against the order of impounding the instrument of release presented by the petitioner for registration on the ground that those documents amounted to deed of conveyance and not the deed of release under the Bombay Stamp Act, 1958.

2. We have heard the learned Counsel for both sides. Perused the record. The facts giving rise to the dispute, in brief, are thus:---

The husband of the petitioner was owner of flat No. 53 bearing City Survey No. 3727 admeasuring 511 sq. yards situated in Kansai section, Ambernath (E), Dist. Thane, together with house constructed thereon. The husband of the petitioner died intestate leaving behind the petitioner, a son and a married daughter. The son and the married daughter are well established in life and, therefore, were not interested in the property and thus wanted release of their respective 1/3 share in favour of the petitioner in the aforesaid property.

The petitioner's son as well as daughter executed a deed of release on Rs. 100/- stamp paper as required by Art. 52 of Schedule-I of

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