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N. SATHISH KUMAR
Cybercity Builders and Developers Private Limited Cyber City, Green Hills Road – Appellant
Versus
Inspector General of Registration – Respondent
Headnote: Read headnote
ORDER :
Challenge has been made to the impugned proceedings dated 01.12.2023, quash the same and direct the first respondent to return the document bearing No.328/2023 pending on the file of third respondent.
2. It is the case of the writ petitioner that the petitioner company sold land admeasuring an extent of 1 acre 12 cents to the 4th respondent. The 4th respondent entrusted the development of the property into a mall to the petitioner and for that purpose a leave and license agreement was entered into between the petitioner and the fourth respondent. The said leave and license agreement stipulated that the object of th deed was about a future lease on a building which would come up in the future with the lease commencing after completion of Building (Estimated completion time-line is Two years from the date of agreement) at a monthly rental of Rs.1,22,50,000/- for a period of nine years starting from 10.08.2026. According to the petitioner, the building itself is intended to be taken on leave and license has not come into existence and the agreement is only a promise to enter into lease once the
An agreement for a future lease contingent on construction does not constitute a lease and cannot be impounded for stamp duty until the property exists.
Stamp duty is on instrument and not on transaction – For several documents to form part of a single transaction, there must be a transaction in furtherance of which several other documents are execut....
The main legal point established in the judgment is the interpretation of the nature of the document, the requirement for registration and stamp duty, and the duty of the Court to ensure compliance w....
Documents must be duly stamped to be admissible in evidence; the court has the authority to impound insufficiently stamped documents under the Karnataka Stamp Act.
The court established that insufficiently stamped documents cannot be admitted in evidence unless the required stamp duty and penalties are paid, emphasizing the distinct roles of courts and the Dist....
The court confirmed that a document evidencing possession transfers its status from an agreement to a conveyance, thus imposing requisite stamp duty as per statutory provisions.
Agreement to sell – Impounding an agreement to sell of an immovable property after 23 years of its alleged execution, where execution itself is disputed and which was never presented for registration....
A document admitted in evidence cannot be questioned for insufficiency of stamp duty, but courts have a mandatory duty to impound such documents regardless of any objections raised.
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