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JITENDRA JAIN
Purnima Bhanuprasad Gohil (Earlier known as Purnima Kumar) – Appellant
Versus
State of Maharashtra, Through the office of the Government Pleader, High Court, Mumbai – Respondent
JUDGMENT :
(Jitendra Jain, J.)
1. This petition under Article 227 of the Constitution of India is filed challenging an order passed by the Appellate Authority dated 6th December 2013 and order passed by Collector of Stamps dated 28th August 2012 refusing to register the document titled as “Family Partition of Assets Settlement Deed” (“Settlement Deed”) on the ground that the said Settlement Deed was executed on 20th December 2011 and the document has been lodged for registration on 16th November 2012, which is beyond the period of 4 months provided under Section 23 of the Registration Act, 1908 (“the Act”).
Brief Facts:-
2. The genesis of the present petition arises out of a matrimonial dispute, between Petitioner and her husband, which landed before the Family Court. Petitioner and her husband decided to settle the dispute between themselves and, therefore, executed a Family Partition Of Assets Settlement Deed on 20th December 2011. As per the Settlement Deed, husband of the Petitioner was to transfer to Petitioner and their son two flats. A joint application was made before the Family Court on 22nd December 2011 to keep the original Settlement Deed in its custody till in the parties
Time taken for stamp duty adjudication and compliance with obligations under a settlement deed is excluded from the registration period under Section 23 of the Registration Act.
The time taken for compliance with obligations and stamp duty adjudication can be excluded when calculating the registration period under Section 23 of the Registration Act.
The court established that the time taken for stamp duty adjudication is to be excluded from the registration period under the Registration Act, facilitating the registration of documents.
The main legal point established is that the time taken for adjudication should be excluded in calculating the registration period under section 23 of the Registration Act.
Failure to adhere to the statutory time limit for document registration under Section 23 of the Registration Act voids any right to seek registration, regardless of payment of stamp duty.
The registration of a partition deed is not mandatory under the Maharashtra Stamp Act, and insufficiently stamped documents can be admitted in evidence upon payment of stamp duty.
Family settlements documented after oral agreements do not require registration or stamp duty, affirming existing rights without creating new ones.
Statutory time limits for administrative actions must be adhered to, and failure to comply results in the obligation to return documents as per the law.
Time spent in stamp duty adjudication excluded from limitation under Registration Act Sections 23/25; registration of BIFR sanctioned scheme orders directed post-final certification as vesting comple....
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