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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SOMASEKHAR SUNDARESAN
Jitendra Manohardas Thakker – Appellant
Versus
Deputy Inspector General of Registration and Deputy Controller of Stamps – Respondent
| Table of Content |
|---|
| 1. factual history of land transfers and 1990 agreement for sale with possession. (Para 1 , 2 , 3) |
| 2. sale deed formalizes stamped 1990 agreement as principal instrument under section 4. (Para 4 , 5 , 6) |
| 3. unregistered agreements ineligible for article 25 proviso benefits. (Para 7) |
| 4. section 4 governs multiple instruments; principal bears conveyance duty. (Para 8 , 9) |
| 5. agreement for sale with possession deemed principal conveyance under section 4. (Para 10 , 11 , 12 , 15 , 16 , 17) |
| 6. article 25 provisos do not override section 4 application. (Para 13 , 14 , 21 , 22 , 23) |
| 7. shyamsundar holds agreement with possession as principal instrument. (Para 18 , 19 , 20 , 24) |
| 8. market value assessed at 1990 transaction date. (Para 25) |
| 9. impugned orders quashed; sale deed stamped under section 4(1). (Para 26 , 27) |
| 10. connected petition to appropriate bench with reference to this judgment. (Para 28 , 29 , 30) |
JUDGEMENT :
SOMASEKHAR SUNDARESAN, J.
1. Rule. Rule made returnable forthwith and by consent parties taken up for final hearing.
Context and Factual Background:
2. This Petition is filed challenging orders of adjudication dated March 30, 2021 and August 27, 2021 by which a Sale
Stamp duty is on instrument and not on transaction – For several documents to form part of a single transaction, there must be a transaction in furtherance of which several other documents are execut....
The mortgage deed securing multiple loan agreements constitutes distinct transactions requiring separate stamp duty assessments under Section 5 of 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....
Stamp duty for Sale Certificates must be calculated based on the purchase price stated in the certificate, not the market value, with total permissible duties capped at specified rates.
In Court-ordered sales, stamp duty applies only to the sale consideration, not to market value, as established by the Transfer of Property Act.
Sale certificates issued under SARFAESI Act are not compulsorily registrable and do not require stamp duty when filed under Section 89(4) of the Registration Act.
Agreement to sell – If instead of separate instruments, distinct matters are made subject matter of one instrument, liability to pay duty would be still found within four walls of Section 5 of Stamp ....
Sale certificates issued by operation of law under SARFAESI do not fall under Section 47-A of the Indian Stamp Act for undervaluation, distinguishing them from conveyance instruments.
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