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JAMMU & KASHMIR HIGH COURT AT SRINAGAR
Muzaffar Hussain Attar, J.
Mohammad Iqbal Vakil - Appellant
Versus
Registrar Principal District Judge - Resopndent
OWP Nos. 700 and 702 of 2015
Decided On : 11-06-2015
POWER OF ATTORNEY - Stamp Act - Section 2(6), 2(14), 2(16-a), 2(21), 3, 4, 10(1)(a) and (b), 29(h), Article 15, 18(b), (c), 42(c)(d) - The court discussed the provisions of the Stamp Act, particularly focusing on the definition of chargeable instruments, market value, and power of attorney. It emphasized the payment of duty on the power of attorney authorizing the sale of immovable property and its implications on subsequent sale deeds.
Fact of the Case:
The case involved the refusal of registration of sale deeds by the Sub Registrar and the Registrar, based on the ground that stamp duty required for the consideration amount had not been paid by the vendees.
Finding of the Court:
The court held that the refusal of registration based on the duty payment for the sale deeds was untenable in law, emphasizing that duty payment on the power of attorney authorizing the sale of immovable property should be considered in subsequent sale deeds.
Issues: The main issue was the refusal of registration of sale deeds due to non-payment of stamp duty, specifically focusing on the interpretation of duty payment in relation to power of attorney and subsequent sale deeds.
Ratio Decidendi: The court's decision was based on the interpretation of the Stamp Act provisions, particularly emphasizing the payment of duty on the power of attorney authorizing the sale of immovable property and its impact on subsequent sale deeds.
Final Decision: The court allowed the petitions, set aside the impugned orders, and directed the Sub Registrar to admit the sale deeds for execution in accordance with the law.
Muzaffar Hussain Attar, J.:-
1. At request of learned counsel for the parties both the writ petitions are taken up together for final disposal.
OWP No. 700/2015
2. A General power of attorney is executed by one Mohammad Iqbal Vakil S/o Abdul Ahad Vakil R/o Sopore, presently residing at House No. 32, Lal Ded Colony, Gouripora Srinagar in favour of Ghulam Hassan Rather S/o Late Gh. Rasool Rather R/o Watergam, Tehsil Kreeri, District Baramulla. In terms of the general power of attorney Mohammad Iqbal Vakil appointed, authorized and nominated Ghulam Hassan Rather to deal with land measuring 4 kanals situated at Estate Sangrama, Sopore, Baramulla in the manner prescribed in the power of attorney.
3. Mohammad Iqbal Vakil, executant of power of attorney, claimed to be owner in possession of land measuring 4 kanals falling under Survey No. 332 min 11 marlas; under Survey No. 332 (2 kanals and 4 marlas; under survey No. 332 min 1 kanal 5 marlas situated at Estate Sangrama, Sopore District Baramulla.
4. Gh. Hassan Rather was authorized to execute all deeds such as sale, mortgage, lease, license and other documents with regard to the aforesaid land. The said person was also authorized to sign all the aforementioned deeds and documents and present the same before the registering authority. He was also authorized to represent the principal before such authority and was further permitted to execute document, deed, instrument for ensuring transfer and sale of the said land. The market rate as per Government order was fixed at Rs. 9,60,000/- per kanal and the prescribed stamp duty was also appended with the general power of attorney in respect of 4 kanals of land. This general power of attorney was executed on 27.05.2014 and registered by the Sub Registrar (CJM) Sopore.
5. On the strength of aforesaid general power of attorney, Ghulam Hassan Rather on behalf of Mohammad Iqbal Vakil executed sale deed in respect of the land mentioned therein in favour of Rayees Ahmad Ganai for land measuring 2 kanals falling under Survey No. 332 min (4 marlas), Khata No. 570 and Khewat No. 215 and 332 min (01 kanal and 16 marlas), Khewat No. 192 and Khata No. 496 situated at Moza Sangrama Tehsil Sopore. The land was sold against the sale consideration of Rs. 19,20,000/- (Rupees nineteen lac and twenty thousand) which sale amount has been paid to the vendor through his attorney. The sale deed has been executed on behalf of vendor through his attorney, Ghulam Hassan Rather. In the sale deed it has been mentioned that stamp duty has already been paid at the time of execution of power of attorney. Copy of attorney was also enclosed with the sale deed.
OWP No. 702/2015
6. A General power of attorney was executed by one Mohammad Iqbal Vakil S/o Abdul Ahad Vakil R/o Sopore, presently residing at House No. 32, Lal Ded Colony, Gouripora Srinagar in favour of Nassir Ahmad Rather S/o Habibullah Rather R/o Watergam Tehsil Kreeri District Baramulla. In terms of the general power of attorney Mohammad Iqbal Vakil appointed, authorized and nominated Nassir Ahmad Rather to deal with land measuring 3 kanals 18 marlas situated at Estate Sangrama, Sopore, Baramulla, in the manner prescribed in the power of attorney.
7. Mohammad Iqbal Vakil, executant of power of attorney, claimed to be owner in possession of land measuring 3 kanals and 18 marlas falling under khasra Nos. 332 min 14 marlas; under Survey No. 332 (3 kanals and 4 marlas situated at Estate Sangrama, Sopore, District Baramulla.
8. Nassir Ahmad Rather was authorized to execute all deeds such as sale, mortgage, lease, license and other documents with regard to the aforesaid land. The said person was also authorized to sign all aforementioned deeds and documents and present the same before the registering authority. He was also authorized to represent the principal before such authority and was further permitted to execute document, deed, instrument for ensuring transfer and sale of the said land. The market rate as per
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