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S. V. GANGAPURWALA, S. V. MARNE
Barshi Bar Association – Appellant
Versus
State of Maharashtra – Respondent
Headnote: Read headnote
JUDGMENT :
1. Rule.
Rule made returnable forthwith. By consent of the parties, taken up for final disposal.
2. The Petitioner assails the Circular dated 16.11.2016. Under the said Circular, issued by the Collector cum District Registrar, Solapur, it has been directed that the Sub Divisional Officer and Tahsildar of the Region shall not mutate the Revenue Record on the basis of the unregistered documents and further directing to abide by the Government Resolution dated 21.04.2018.
3. Mr.Damle, the learned Senior Advocate for the Petitioner submits that the compromise decree passed by the courts or in the Lok Adalat concerning the agricultural lands are not required to be compulsorily registered under the provisions of the Registration Act, 1908 (for short “the Act of 1908”). Reference is made to section 17(2)(vi) of the Act of 1908. The learned Senior counsel further refers to the proviso to section 46 of the Maharashtra Stamp Act, 1958 (for short “the Act of
The main legal point established in the judgment is that the registration charges for a decree in a partition suit are determined based on the value of the suit and are chargeable as per Section 78 o....
The main legal point established is that a decree on a compromise concerning immovable property may not require registration or stamp duty under specific provisions of the Registration Act and the St....
A compromise decree creating new rights in immovable property requires registration under Section 17 of the Registration Act if it establishes rights for the first time.
The definition of 'family' under Article 58 of the Indian Stamp Act is exhaustive, and parties not qualifying cannot claim lower stamp duty for a partition deed.
A family settlement that creates rights in immovable property must be registered to be admissible in evidence; unregistered and unstamped documents cannot be admitted as secondary evidence.
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