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1983 Supreme(All) 290

SATISH CHANDRA, H. N. SETH, A. BANERJI
BALWANT KAUR AND ORS. – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
A.Hajela

H. N. SETH, J.


( 1 ) BY this reference under Section 57 of the Indian Stamp Act (herein-after referred to as the act), the Chief Controlling Revenue Authority seeks the opinion of this Court with regard to stamp duty payable on a document dated 9th March, 1970 executed by two sisters Smt. Balwant kaur and Smt Pritam Kaur.

( 2 ) ONE Sardar Waryam Singh died on 26th February, 1970 leaving behind his widow Smt. Jiwan devi, son Sardar Kuldeep Singh and two daughters Smt. Balwant Kaur and Smt. Pritam Kaur as his heirs and legal representatives. Subsequently on 9tfa March, 1970 the two daughters of sardar Waryam Singh, namely, Smt. Balwant Kaur and Smt. Pritam Kaur executed a document describing themselves as the first party and their brother Sardar Kuldeep Singh and mother Jiwan devi as the second party. That document contained following stipulation :-" that in consideration of the receipt of a total sum of Rs. 2,200/- to be shared equally by the first party, they hereby release nil the properties movable and immovable possessed or owned by sardar Waryam Singh, deceased at the time of his death from all their claims to any share or interest in the said properties or assets and declares























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