P.N.RAVINDRAN
Anitha Rajan – Appellant
Versus
The Revenue Divisional Officer, Thrissur – Respondent
Certainly. Here are the key points from the provided legal document:
The petitioner purchased land from the legal heirs of late Gangadharan, with the sale deed registered at the Sub Registrar's Office. The property was conveyed through a sale deed executed by the vendors, including the petitioner's vendor Sri.Ajayan and others (!) .
A power of attorney (Ext.P1) was executed by Sri.Ajayan in Dubai, appointing his mother Smt.Rathnabhai to act on his behalf. This power of attorney was attested by the Vice Consul at the Indian Consulate in Dubai and executed on Indian non-judicial stamp paper of Rs.150/- (!) (!) .
The revenue authorities required the original of the power of attorney for adjudication regarding stamp duty, but the petitioner argued that since the power of attorney was executed on Indian stamp paper and duly registered, it was already properly stamped and did not need to be produced before the Revenue Divisional Officer for further adjudication (!) (!) .
The petitioner contended that only instruments executed outside India and chargeable with duty, but not duly stamped, require adjudication within three months of receipt in Kerala. Since the power of attorney was executed in Dubai but on Indian stamp paper and registered, it was properly stamped and did not fall under this requirement (!) (!) .
The authorities rejected the petitioner's application for certification that the power of attorney was duly stamped, citing the failure to produce it within three months. The petitioner argued that such production was unnecessary because the instrument was already properly stamped and registered (!) (!) .
The legal principles clarified that if a power of attorney is executed on Indian non-judicial stamp paper of the correct value, and properly registered, it is deemed duly stamped, and further adjudication or certification by the Collector is not necessary (!) (!) .
The court emphasized that the restrictions on adjudication within three months apply only to instruments executed outside India that are chargeable with duty but not duly stamped, and that the original of Ext.P1 was duly stamped and registered in India, thus exempting it from these restrictions (!) (!) .
The court held that the authorities erred in insisting on production of the original power of attorney before the Revenue Divisional Officer for adjudication, as it was already duly stamped and registered. The petition was allowed, and the orders requiring further adjudication were quashed (!) (!) .
The court directed the revenue authorities to process the petitioner's application for mutation of the property in the revenue records, with a specified timeframe for completion upon submission of a certified copy of the judgment (!) .
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The petitioner purchased a parcel of land, 50 cents in extent, situated in Re-Survey No.166/1 of Nattika village, Chavakkad taluk, Thrissur district from the legal heirs of late Gangadharan as per the original of Ext.P3 sale deed dated 16.3.2009, registered as document No.640 of 2009 of Sub Registrar's office, Triprayar. The property conveyed to the petitioner as per Ext.P3 sale deed belonged to late Gangadharan. Ext.P3 sale deed was executed by his wife Smt.Rathnabhai and his children Sri.Ajayan, Smt.Jisha, Smt.Usha, Smt.Ajitha and Smt.Anitha. Sri.Ajayan, one of the vendors was employed in Dubai and Smt.Usha, another vendor was not residing in her home town. Sri.Ajayan had executed the original of Ext.P1 power of attorney on 1.3.2009 on non- judicial stamp paper of the value of Rs.150/- appointing his mother Smt.Rathnabhai as his power of attorney to execute a sale deed in respect of the lands conveyed to the petitioner. The original of Ext.P1 power of attorney was executed at Dubai in the presence of the Vice Counsel in the Indian Consulate at Dubai and is attested by him. Ext.P2, the power of attorney executed by Smt.Usha, is a power of attorney registered in the Sub R
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