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IN THE HIGH COURT AT CALCUTTA
KRISHNA RAO
Dakshesh Umiyashanker Dave – Appellant
Versus
Maneshkumar Umiyashanker Dave – Respondent
ORDER :
Krishna Rao, J.
1. By an order dated 19th September, 2024, this Court disposed of the C.S. No. 65 of 2023 on the basis of the Terms of Settlement entered between the parties dated 17th September, 2024. At the time of disposal of the suit, this Court directed to draw up the decree by making the Terms of Settlement as part of the decree. In compliance of the order passed by this Court dated 19th September, 2024 when the department was processing for drawing up of final decree, the Learned Advocate for the plaintiff and defendants have submitted their request along with the copy of the judgment passed by the Hon’ble Supreme Court in the case of Mukesh Vs. The State of Madhya Pradesh and Another dated 20th December, 2024 in Civil Appeal No. 14808 of 2024 and informed that the compromise decree does not fall under the instruments mentioned in the Schedule and that it only asserts the pre-existing rights and hence, the consent decree will not operate as conveyance as no right is transferred and the same does not require any payment of stamp duty.
2. On receipt of the said letter along with the judgment passed by the Hon’ble Supreme Court above, the matter is placed before this Cou
Consent decrees asserting pre-existing rights do not constitute conveyance under the Indian Stamp Act, hence exempt from stamp duty.
Family settlements documented after oral agreements do not require registration or stamp duty, affirming existing rights without creating new ones.
A consent decree is valid and binding on the parties only if the consent is given voluntarily and with full knowledge of the implications of the decree.
(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....
When they are not shown to be in any manner perverse, illogical and irrational, resultantly, the substantial questions of law formulated are accordingly answered infavour of the plaintiff and against....
A consent decree is binding on all parties, including those who are ex-parte. An appeal must be filed within the limitation period starting from the date of decree, not later.
Family property - family settlement must be a bona fide one in order to resolve family disputes and rival claims by a fair and equitable division or allotment of properties between the various member....
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