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2008 Supreme(P&H) 235

M.M.KUMAR, T.P.S.MANN
Vikas – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
Mr. S.C. Kapoor, Senior Advocate, with Mr. Harminderjeet Singh, Advocate, for the petitioner.
Ms. Pallika Monga, AAG, Haryana, for the respondents.

JUDGMENT

M.M.KUMAR. J. - The short issue raised in this petition filed under Article 226 of the Constitution is whether the authorities could question a registered transfer deed by exercising power under Section 47A of the Indian Stamps Act, 1899 (for brevity, ‘the Act’), after the expiry of period of three years. The petitioner has claimed that order dated 29.9.2006 (P-3), passed by the Collector, Rohtak-respondent No. 3, be set aside as it questions a Relinquish Deed bearing No. 1031/1, registered on 10.5.2001, under Section 31 of the Act. The petitioner has also challenged order dated 23.5.2007 (P-4), passed by the Commissioner, Rohtak Division, Rohtak-respondent No. 2, on an appeal wherein the order dated 29.9.2006, has been upheld.

2. Brief facts of the case are that mother of the petitioner, namely, Smt. Darshna Devi, owned a house and consequent upon her death the same was vested in the petitioner, his brother Vivek and sisters. On 10.5.2001, all the three sisters executed a registered Relinquishment Deed in favour of the petitioner and his brother Vivek in equal share of the shares inherited by them. On 7.12.2005, respondent No. 3 issued a notice to the petitioner to show ca










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