The main legal point established in the judgment is the determination of stamp duty payable based on the nature of the family settlement and the ownership changes of the properties involved.

PRATHIBA M. SINGH, J.

I.A. 292/2017

1. On 18th July, 2012 this Court had recorded the family settlement entered into between the various members of M. C. Birla family on 12th July, 2012. Statements of the parties were recorded before the Joint Registrar and pursuant thereto, the family settlement was directed to substitute the impugned awards dated 28th September, 2006 and 18th October, 2007. Decree sheet was also directed to be drawn up. The said order dated 18th July, 2012 reads as under:

“1. Pursuant to the order passed by the Court yesterday, the statements of the parties were recorded before the Joint Registrar yesterday itself. Each of the parties has made a statement affirming that the disputes between them have been settled in terms of the family settlement dated 12th July 2012 a copy of which is enclosed with IA. No. 12572 of 2012.

2. Each of the parties is bound down by the statements made by each of them and by the terms of the family settlement dated 12th July 2012 which will be read as forming part of this order. The family settlement dated 12th July 2012 will substitute the impugned Award dated 28th September 2006 as further amended on 18th October 2007. The said family settlement is binding on all the parties.

3. The petition is disposed of in the above terms. The decree sheet be drawn up accordingly.

4. The Registry is directed to return the original documents on record to the respective parties in accordance with the terms of the family settlement.”

2. Subsequently, the parties moved the present application being I.A. No.292/2017, as the decree sheet was not being drawn up by the Registry and there was a question raised as to the stamp duty liable to be paid. Accordingly, valuation reports were called from the relevant Sub-Division Magistrates. Some of the reports were received and some are yet to be received. Learned counsel for GNCTD was also directed to seek instructions.

3. Today, the Court has heard the parties and the Ld. Counsel for GNCTD, on the issue of stamp duty to be paid on the decree sheet. Considering the nature of the settlement between the parties and the manner in which the properties are to be shared amongst the various members of the family, the following orders are passed in respect of stamp duty payable.

(1) In principle, learned counsels for the parties submit that they are willing to bear the stamp duty in respect of such properties, where the ownership of the property is going to be changed, albeit, on the basis of circle rate prevalent in the year 2012. It is accordingly directed that since the decree sheet was passed in 2012, i.e. on 18th July, 2012, the circle rate of 2012 would be applicable for calculation of stamp duty.

(2) In respect of properties which continue to vest in the same owners and no change has been effected by virtue of the family settlement, no stamp duty would be liable to be paid.

(3) In respect of such properties, which are on lease or rental basis, no stamp duty would be payable as there is no sale or transfer.

(4) In respect of some properties co-owners are becoming the full owners of properties. In such cases stamp duty would be liable to paid to the extent of the shares which is now going to vest in them. Accordingly the properties are put in four categories and are segregated for the purposes of clarity.

A. In respect of the following properties, stamp duty would be liable to be paid.

1. B-4/77, SDA, New Delhi.

2. 5956/3, Dev Nagar, Karol Bagh, New Delhi (68.561 sq mtrs) only ground floor.

3. Flat No.705, 7th Floor, Suneja Towers-2, District Centre, Janak Puri, New Delhi.

4. C-1, 5th Floor, D-34/3A, AJC, Bose Road, Calcutta-20.

5. 1116/12, Nailwala, Karol Bagh, New Delhi (48 sq.mtrs)

6. 1116, Maker Chambers-V, Nariman Point, Mumbai.

10. B-3/59 SDA, New Delhi.

12. Noida Plot No. B-37, Sector-63, Noida, U.P.

13. Flat No.103, Chennai.

14. Chhawla Village, 34 Bighas bearing Part of Khewat No.104 min and part of Khasra Nos.54/10 (4-16), 11/12 (2-16), 55/6 (4-11), 15/1 (2-16)