Registration Act, 1908, Section 17, 49, Stamp Act, 1899, Section 35 -- Un-registered or unstamped document - Cannot be used even for collateral purpose and is inadmissible in evidence...........
Civil Procedure Code, 1908, Order 16, Rule 1, 2 -- Summoning of witnesses - Suit for declaration that relinquishment deed is null and void - Summoning of stamp vendor and Sub Registrar, as witnesses, is necessary in order to ascertain the veracity of petitioner's stand - Application allowed...........
Attestation -- It is Will, mortgage, gift and bond alone are required by law to be attested - Will u/s 68 of Succession Act, 1925, a mortgage deed u/s 59 and a gift deed u/s 123 of Transfer of Property Act, 1882 and a bond u/s 2(5) of Stamp Act, 1899 are required by law to be attested...........
Court Fees Act, 1870, Section 7(ivA) -- (as applicable in State of UP) - Ad valorem Court fee - Suit for declaration that Will is null and void along with consequential relief of permanent injunction - Will is related to movable and immovable properties of testator - Suit has to be valued only on the face value of such a Will till it was declared void by Court and was to..........
Gujarat Stamp Act, 1958, Section 54(1)(a) -- Deficient stamp duty - Deed of assignment containing reference to Power of Attorney - Deed cannot be separately charged under the Act, particularly when a duty payable on deed of assignment is already collected...........
Stamp Act, 1899, Section 33 -- Impounding of document - Unless and until document is produced on record before any Court/Tribunal, there is no question of impounding the same...........
Civil Procedure Code, 1908, Order 13, Rule 3 -- De-exhibiting a document - Unregistered sale deed executed on insufficient stamp paper - Document admitted in evidence initially - Un-registered sale deed not executed on sufficient stamp paper is hit by Ss.35, 36 of Stamp Act and S.17 of Registration Act is liable to be rejected U.O.13.R.3 CPC...........
Stamp Act, 1899, Section 35 -- Stamp duty - Agreement to sell - Suit for specific performance - Document that is required to be registered and which contains a recital of delivery of possession, would also require to be stamped as per provisions of the Act - Order of trial Court in impounding agreement to sell and directing plaintiff to pay deficient stamp duty on..........
Family Settlement -- Receiving consideration by one party by stating to have no claim, right, title and interest over the property in question - Such a document is compulsorily registrable with appropriate stamp duty etc...........
Family settlement -- Oral partition and thereafter putting it into writing for the purpose of information - Does not require to be compulsorily registered and stamp duty is not required to be compulsorily paid in respect of the same...........
