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N. SATHISH KUMAR
P. Pandithurai – Appellant
Versus
Joint No. 2 Sub Registrar, Karaikudi – Respondent
ORDER :
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings of the respondent in Na.Ka.15/2021, dated 23.07.2021 and quash the same and consequently, to direct the respondent to delete the entry made by him to encumbrance relating to the properties covered to the schedule to partition deed dated 08.06.2020 registered as Document No. 3300/2020 on the file.
1. Challenging the order of the respondent dated 23.07.2021, this Writ Petition is filed with a consequential direction to the respondent to delete the entry made by him with regard to encumbrance relating to the properties covered to the schedule to partition deed dated 08.06.2020 registered as Document No. 3300/2020.
2. It is the case of the petitioner that his grandfather Lakshmanan Chettiar had four sons, namely, Pandian, Vairavan, Saravanan and Nachiappan. They were living together as a joint family and doing joint family business, out of which, they had purchased several properties. After their death, the properties devolved upon all the legal heirs and they had partitioned the prop
The registering authority retains the power to collect stamp duty post-registration, but must follow due process as outlined in Section 33-A of the Indian Stamp Act.
The definition of 'family' under Article 58 of the Indian Stamp Act is exhaustive, and parties not qualifying cannot claim lower stamp duty for a partition deed.
The court determined that possession prior to a written memorandum of settlement negates co-ownership status under Section 2(15) of the Indian Stamp Act, thus penalties imposed without justification ....
The entitlement of a family member to avail the benefit of Schedule I, Article 58(a)(i) of the Indian Stamp Act, 1899 for registration purposes.
Interpretation of statutory provisions and government clarifications to determine the classification of stamp duty under the Indian Stamp Act.
The registration of a partition deed is not mandatory under the Maharashtra Stamp Act, and insufficiently stamped documents can be admitted in evidence upon payment of stamp duty.
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