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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HON'BLE SHRI JUSTICE N. J. JAMADAR
Kanchan Bajrang Powar – Appellant
Versus
Aappa Dagdu Powar (deceased) through LRs.- Bebi Appa Powar – Respondent
Based on the provided legal document, the stamp duty applies to the entire partition deed, not just the share of individual parties. The document explicitly states that the partition deed is an instrument that effects the partition of properties by the force of the instrument itself, creating rights and obligations in respect of the properties involved (!) . Since the deed operates to effect a division of the entire property, the stamp duty prescribed under applicable law would generally be payable on the entire instrument, covering all parties' shares, rather than on each party's share separately.
Additionally, the document emphasizes that the partition deed is an instrument that creates or extinguishes rights in the properties, and such instruments are subject to stamp duty based on the entire transaction or agreement, not merely on individual shares (!) (!) . Therefore, the applicable stamp duty is on the whole partition deed, which encompasses the rights of all parties involved, rather than on each party's individual share.
In conclusion, the stamp duty is applicable to the entire partition deed as a whole, reflecting the total transaction, rather than solely on the share of any particular party.
JUDGMENT :
N.J. JAMADAR, J.
1. Rule. Rule made returnable forthwith and with the consent of the learned Counsel for the parties, heard finally.
2. This petition under Article 227 of the Constitution of India assails the legality, propriety and correctness of the order dated 14th August, 2019 passed by the learned Civil Judge, Kolhapur, whereby an application (Exhibit-25) preferred by the petitioners and defendant Nos.3 and 4 seeking permission to adduce secondary evidence of purported Partition Deed dated 6th January, 1992, came to be rejected.
3. The background facts leading to this petition can be stated in brief as under:
3.1 Respondent Nos.1 to 4 instituted a suit for recovery of possession of the suit premises, which Late Dagdu Powar, the predecessor-in-title of the plaintiffs, had purchased. The plaintiffs asserted that Baburao Powar, the brother of Late Dagdu and the predecessor-in-title of defendant Nos.1 to 4, had no premises to reside. Therefore, Late Dagdu had gratuitously permitted Late Baburao to occupy suit property 1B. Baburao passed away in the year 1998. Bajrang, the son of Baburao and husband of defendant No.1 and father of defendant Nos.2 to 4 passed away in the year
A copy of a document that is insufficiently stamped cannot be admitted as secondary evidence, as the original document's inadmissibility extends to its copy.
Suit for declaration – Unregistered document -Secondary Evidence – Admissibility of - Secondary evidence is an evidence which may be given in the absence of that better evidence which law requires to....
Secondary evidence must be of a document which is admissible in evidence.
Secondary evidence of agreements not duly stamped cannot be admitted in court unless the original instrument is produced and corrected as per legal requirements.
The main legal point established in the judgment is that the admissibility of secondary evidence, especially in the form of a Photostat copy of an insufficiently stamped document, is subject to stric....
Only original documents can be validated under the Indian Stamp Act; photocopies are inadmissible for legal purposes, reinforcing established principles regarding document admissibility.
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