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2025 Supreme(Online)(Ker) 26085
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
S.M.RAJEEV – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 11524 OF 2025
For the Appellants/Petitioners: SMT.MARY BENJEMIN
For the Respondents: SRI.AJITH VISWANATHAN, GP
The court affirmed the right to register an agreement for sale despite a claim of insufficient stamp duty under the Kerala Stamp Act.
Headnote:The judgment considers the implications of the power of attorney in the context of the Kerala Stamp Act. The court addressed the refusal of the registration of an agreement based on claims of insufficient stamping. It directed that registration should proceed, upholding the petitioner's rights while permitting the respondent to act on any stamp duty deficiencies. The court concluded by ordering the registration of the agreement for sale.
| Table of Content |
|---|
| 1. the role of power of attorney in property transactions. (Para 1) |
| 2. right to registration despite alleged insufficient stamp. (Para 2) |
JUDGMENT
The petitioner is the partner of a Limited Liability Partnership Firm, M/s Heather Realtors. Ext.P2 is a power of attorney executed by two persons in favour of the said firm, which was duly registered before the 3rd respondent/S.R.O. in the year, 2023. When an agreement for sale is sought to be registered on the strength of Ext.P2 power of attorney, the third respondent refused the same by issuing Ext.P4 proceedings, alleging that Ext.P2 power of attorney is insufficiently stamped. According to the petitioner, the stand of the 3rd respondent cannot be sustained in law.
2. Having heard the learned counsel for the petitioner and the learned Government Pleader on behalf of the respondents, this Court finds merit in the petitioner’s submissions. If the 3rd respondent is of the opinion that Ext.P2 power of attorney is insufficiently stamped, the option available is to proceed against the petitioner under Section 45B of the Kerala Stamp Act . The registration of an agreement for sale on the strength of such a power of attorney cannot be refused.
In the circumstances, there will be a direction to the 3rd respondent to register the agreement for sale on the strength of Ext.P2 power of attorney. The same, however, will be without prejudice to the right of the 3rd respondent to proceed against the petitioner for levying the insufficient stamp duty in terms of Section 45B of the Kerala Stamp Act , read with concerned rules. The registration shall not be refused for the reason that the period fixed for a registration of a document has expired today.
This WP(C) is disposed of as above.
