Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Stamp Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Stamp Act, 1899 - s. 47 A (as amended by state of U.P.) and Schedule 1-B Articles 23 and 63 - allotment of plots - By transfer of leasehold rights - From Naida Authority to Cooperative societies (lessees) and its members (sub-lessees) - Further transfer by assignment of leasehold rights from sublessees to the member of residents welfare Association - On such transfer Naida Authority not issuing transfer memorafldums for grant of permission for transfer of leasehold rights due to court injunction - after a considerable period, Noida Authority issuing transfer memorandum - Regular deeds of transfer executed between the sub-lessees and assignees - For registration of the deeds authorities concerned demanding the duty as applicable to sale deed under Article 23 of Schedule 1-B on the bash; of current market value of the plot alongwith constructed portion thereon - Held: The deed in question being an assignment of leasehold rights and not a sale deed, article 63 and not article 23 would be applicable - The duty would be calculated on the amount mentioned in the deed and not on its market value - Inquiry into market value not permissible - Since there was no allegation of under-valuation of the property reference u/s. 47A not called for - Relevant date for determination of the consideration of the property in question would the date of agreement and not the date when the document was presented for registration - Transfer of Property Act, 1882 ss. 54 and 105 - Deeds and Documents. Deeds and Documents - Document of assignment Ascertainment of nature - Held: Nomenclature of such document cannot be said to be determining factor for ascertainment of nature of such document. NOIDA Authority allotted lands to several Cooperative Housing Societies by execution of lease deeds. Members of the appellant-Residents Welfare Association executed various agreements for transfer of leasehold rights with the Lessee (Cooperative Societies) and the sub-lessees {members of the Co-operative societies). ... Sub-lessees further entered into agreements for transfer of leasehold rights with assignees {members of the appellant-Association) These agreements were registered with the office of Sub-Registrar. However, Noida Authority did not issue transfer memorandums for grant of permission for transfer of leasehold rights due to a court injunction. After it was advertised by public notice that Noida Authorities would Issue transfer memorandums, various members of the appellant-Association applied for and obtained the transfer memorandums. As per one of the conditions of transfer memorandum lessees/sublessees executed regular deed of transfer with the assignees. Before submission of the document for registration, on enquiry, the assignees were informed that stamp duty required to be fixed on the document was to be what was applicable to conveyance under Article 23 of Schedule 1-B of Stamp Act, on the basis of current F market value of the plot alongwith constructed portion thereon. Appellant challenged this decision in a writ petition, which was dismissed by High Court. Hence the present appeal. The question for consideration in the present appeal were whether the documents in question were the deeds "of assignment falling u/Art. 63 of the Schedule 1-8 or deeds of conveyance to which Article 23 would be applicable; whether the condition precedent to pass an order u/s. 47 A (as amended by State of U.P.) was present ~ in the case; and whether the relevant date for determining the consideration entered in the document would be the market value of the property which was on the day of entering into the agreement or that which was on the date of presentation of the document for registration. |
Judge | Hon'ble Mr. Justice Tarun Chatterjee |
Neutral Citation | 2009 INSC 507 |
Petitioner | M/s. Residents Welfare Association, Noida |
Respondent | State Of U.p. & Ors. |
SCR | [2009] 6 S.C.R. 112 |
Judgement Date | 2009-04-15 |
Case Number | 4367 |
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