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2015 Supreme(All) 254

SUNEET KUMAR
RAGHVENDRA JEET SINGH – Appellant
Versus
BOARD OF REVENUE, ALLAHABAD – Respondent


Advocates:
Counsel :
Triveni Shankar, Ajay Shankar, Rajendra Kumar Pandey, Dr. Archana Pandey and P.K. Jain for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

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 deficienc

















































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