Hon’ble Suneet Kumar, J.—Mahendra Jeet Singh created H.U.F. of immovable property, Banglow No. 15/198, Civil Lines, Kanpur, during his life time in the name and style “Mahendra Jeet Singh H.U.F.”. He died in 2002 leaving behind his son petitioner KARTA of the H.U.F., Geeta Mitthal (daughter), Rohan Singh (grandson), Sunaina Shah (grand daughter) and Ratna Singh (grand daughter) as heirs.

2. Rohan Singh settled in Canada, Sunaina at Kathmandum, Ratna Singh in Bombay, since over 20 years and are blood relations of the petitioner, accordingly, executed a release deed on 19.4.2011 relinquishing their claim, interest and title in the H.U.F. property.

3. The Sub-Registrar on 21.4.2011 declined to register the document, accordingly, referred the instrument to the Collector, stating that stamp duty of Rs. 500 has been paid, whereas, the deed seeks to transfer the share of the co-owners without consideration, in favour of the petitioner, therefore is a gift within the meaning of sub-section (14A) of Section 2 of the Act. Collector by order dated 25.7.2011 assessed the property under Article 33 of Schedule 1-B of the Indian Stamp Act, 1899 (Act), accordingly, determined the deficiency of stamp duty at Rs. 1,13,74,710/-, penalty of Rs. 11,37,471/- and interest @ 1.5 per month from the due date was imposed. Aggrieved, by the order passed of the Collector Kanpur Nagar, petitioner preferred revision before the Chief Controlling Revenue Authority, which was dismissed by order dated 28.5.2012. The revisional authority was of the view that since the instrument is covered within the definition of conveyance, under sub-section (10) of Section 2 of the Act, as amended on 1.8.1981, being transfer by a co-owner of their share and interest to another co-owner would also be a conveyance, thus affirming the order of the Collector.

4. The petitioner is assailing the orders dated 25.7.2011 and 28.5.2012 passed by the Collector and Chief Controlling Revenue Authority.

5. I have heard learned counsel for the parties and perused the record.

6. Sub-section (10) of Section 2 defines conveyance as follows :

“(10) “Conveyance”.—includes a conveyance on sale and every instrument by which property, whether movable or immovable, is transferred inter vivos and which is not otherwise specifically provided for [by schedule 1, Schedule 1-A or Schedule 1-B], Subs. by U.P. Act No. 28 of 1952, for the words "by Schedule I or by Schedule I-A [as the case may be], Ins. by U.P. Act No. 3 of 1936"

Explanation.—An instrument whereby a co-owner of a property having defined share therein, transfers such share or part thereof to another co-owner of the property, is for the purposes of this clause an instrument by which property is transferred.

7. Explanation was inserted vide U.P. Act No. 19 of 81 w.e.f. 1.8.1981.

8. Article 55 of the Schedule 1-B defines “Release” which is as follows :

“55. Release, that is to say, any instrument not being such a release as is provided for by Section 23(A) whereby a person renounces a claim upon another person or against any specified property-

(a) if the amount or value of the claim does not exceed Rs. 2,500

(b) in any other case.”

9. Gift has been defined in sub-section (14-A) of Section 2 which reads as follows :

“(14-A) “Instrument of Gift”- “Instrument of Gift” includes an instrument whether by way of declaration or otherwise, for making or accepting an oral gift.”

10. Article 33 provides for duty payable on gifts. Article 33 is as follows :

“Gift-Instrument of, not being a Settlement (No. 58), or Will or Transfer (No. 62).”

11. Having noted the provisions of the Act, I proceed to examine the instrument and the pleadings of the parties.

12. Facts are not in dispute. The instrument is titled release deed and recites that the releasers, mentioned earlier, do declare, relinquish and release all rights, title, claims and interest which they might have or had in H.U.F. be land and a Pakka house/building thereon. Release was in favour o