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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
VIBHA KANKANWADI, HITEN S.VENEGAVKAR
Manohar, S/o. Bhagaji Gaikwad – Appellant
Versus
State of Maharashtra, Through its Principal Secretary, Department of Revenue and Forest – Respondent
JUDGMENT :
Hiten S. Venegavkar, J.
1. The petitioner has invoked the writ jurisdiction under Article 226 to assail the communication/order dated 06.05.2025 issued by Respondent No.4, the Joint District Registrar (Class I) and Collector Stamps, Chhatrapati Sambhaji Nagar, whereby the petitioner has been called upon to pay stamp duty quantified at Rs. 5,700/- and a further amount described as penalty/fine of Rs. 22,800/-, aggregating to Rs. 28,500/-, as a condition precedent for registration of the document described by the petitioner as a “compromise decree”.
2. The material facts, as emerge from the pleadings and documents placed on record, are that the petitioner had instituted Regular Civil Suit No. 235 of 2004 before the Civil Judge, Junior Division, Aurangabad seeking a decree of perpetual injunction against the defendant therein, who is the petitioner’s father, restraining him from alienating, transferring or creating third party interest in agricultural land bearing Gut No.2 (popularly described as “Mali”), situated at village Jawarpur, Taluka and District Aurangabad, admeasuring 85 R. During pendency of the suit the parties tendered a compromise pursis. The compromise terms, in
(1) Stamp duty is not chargeable on an order/decree of Court as the same do not fall within documents mentioned in Schedule I or I-A read with Section 3 of Stamp Act, 1899.(2) Registration of documen....
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.
(1) Family settlement only declares rights which are already possessed by parties. An aggrieved person can seek enforcement of family settlement in a suit for declaration wherein family members have ....
A compromise decree that creates new rights in immovable property valued at Rs. 100 or more is compulsorily registrable under Section 17(1) of the Registration Act, 1908.
Compromise decree comprising immovable property other than which is subject-matter of suit or proceeding requires registration, although any decree or order of a court is exempted from registration.
Family settlements documented after oral agreements do not require registration or stamp duty, affirming existing rights without creating new ones.
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