Transfer of Property Act, 1882, Section 123, Stamp Act, 1899, Section 2(24) -- Gift or settlement deed - Transfer of property in favour of `G' was in recognition of the fact that she had been taking care of transferors and would continue to do so while also using the same to carry out charitable work - Consideration need not always be in a monetary terms and it can be in..........
Stamp Act, 1899, Section 47A -- Deficient stamp duty - Agreement of sale - Entire sale consideration was received by defendant under agreement to sell and plaintiff was permitted to enjoy the scheduled property with absolute rights along with obligation to pay taxes pertaining to land makes it explicit that document in question has all the trappings of sale - Mere..........
Limitation Act, 1963, Article 136 -- Limitation - To execute final decree in a partition suit - Time begins to run from the date of final decree and not from the date on which it is engrossed on stamp paper...........
Stamp Act, 1899, Section 49 -- Refund of stamp duty - Mere refusal of registration of a document cannot entitle petitioner for refund of stamp duty which have already been utilized by petitioner...........
Registration Act, 1908, Section 71, 23 -- Refusal to register document - Time taken by stamp authority has to be excluded for calculating 4 months period provided u/s 23 of the Act - Said period cannot be attributed to petitioner and unless stamp authorities adjudicated the stamp duty payable and petitioner pays the stamp duty, document cannot be registered as per S.34 of..........
Agreement to sell -- Validity - Signatures and thumb mark on last page out of three pages - Large blank spaces on the first and second page of agreement and absence of thumb impression/signatures of parties and the attesting witnesses on these two pages, fortifies the conclusion that disputed agreement was transcribed on one of the blank stamp papers on which the thumb..........
Agreement to sell -- Agreement for sale consists of a clause whereby possession was handed over to purchaser satisfying the requirement to treat the instrument as conveyance and what remained was only formality of execution of sale deed - Such agreement for sale was the principal document on which stamp duty was to be paid...........
Stamp Act, 1899, Section 2(15) -- Partition deed - Parties on an oral family settlement not only divided their shares but also taken possession of their respective shares by metes and bounds, then at the time of reducing writing the memorandum of settlement they ceased to be co-owners - Memorandum of settlement held, not treated as instrument which requires stamp duty as..........
Stamp Act, 1899, Section 47A -- Deficient stamp duty - Purchase agricultural land - No construction exists on the plot of land purchased by petitioner, however, no agricultural activity was found to be carried out on the plot - Authorities committed no error in treating the land purchased by petitioner to be residential...........
Karnataka Stamp Act, 1957, Section 34, 37(2) -- Deficient stamp duty - Imposition of penalty to the extent of ten times - Appellant agreed to pay proper/sufficient stamp duty and penalty on certified copy of agreement to sale - In other words, appellant having invited Court to decide u/s 34(1) of the Act, cannot now express the willingness to exercise the option u/s 37(2)..........
