Is court deree require registeration
siri
(Querist) 14 November 2011
This query is : Resolved
Once TITLE DECLARATION(NOT Partition decree) is passed in favour of Plantiff over residential house against defendant,
1)Whether the instrument of property that reflects in court decree,it should be registered by Plantiff duly paying stampduty as per state law.
2)If so what is time period for registeration
3)Whether already paid stampduty in court for that instrument of that property is also considered while registering in sub register office OR Total stamp duty has to be paid as per state law
4)What type of Title declaration decree not attracts again stamp duty & registeration fee
Devajyoti Barman
(Expert) 14 November 2011
Registration??? How is that possible in view of a declaratory decree.
If the court declares yourself as holding the title of the property there is no need or scope for any registration.This is not a suit for specific performance of contract.
Raj Kumar Makkad
(Expert) 14 November 2011
After passing of title decree, there is no need for its separate registration with the office of registrar and thus no question of annexing further stamp duty arises.
Shailesh Kr. Shah
(Expert) 15 November 2011
I also agree with the opinion expressed by experts.
Isaac Gabriel
(Expert) 15 November 2011
It is safe to get it registered, for you may not get registration No. and document number.Further, details of title may not also be entered in revenue records.
Surender Kumar Sharma
(Expert) 16 November 2011
Absolutely all the above experts view regarding the registration of Title Decree is perfect I also agree with the same because it is the order of the court and it does not need stamp duty , plaintiff has already paid the stamp duty in the Title suit according to suit value.
A. A. JOSE
(Expert) 16 November 2011
While I too agree with the views of experts that there is no mandatory requirement for registration,the suggestion by expert Mr.Isaac Gabriel is also worth considering.
prabhakar singh
(Expert) 16 November 2011
The registration would be an optional matter
in such a case.
M V Gupta
(Expert) 16 November 2011
A decree of court declaring/confirming the title of the Plaintiff does not require registration. It is a decree in rem and binding on all concerned whether party to the Suit or not. A certified copy of the decree is sufficient to establish the title of the Plaintiff beyond any doubt. It may further be noted for obtianing a declaratory decree the Palintiff must have relied on a will or a registered document conferring title on him etc.
Dr V. Nageswara Rao
(Expert) 17 November 2011
I agree with Mr Gupta and you can apply for mutation if necesary.
dev kapoor
(Expert) 18 November 2011
Hello Sirs,
The querist has a point.All answers seem to be well founded.But I still have a qn in my mind..."Suppose A files a suit seeking declaration that he is the exclusive owner of immoveable property 'XYZ'.Defendant admits & suit is decreed.In such a case isn't to be presumed that in order save huge stamp duty & registration fee this collusive decree was procured?
Anyways'may I request all to go through the following:
AIR 2006 SUPREME COURT 3297 "Som Dev v. Rati Ram"
= 2006 AIR SCW 4806
Guest
(Expert) 21 November 2011
Agree with Shri M.V. Gupta.
Guest
(Expert) 21 November 2011
Mr. Dev,
Your point is quite crucial, but that is for the court, which awards decree, to ponder upon.
However, has the decree been procured to save the huge cost of stamp duty & registration fee or granted by court without giving any consideration to that crucial point, has no meaning after the decree is awarded, unless some one raises objection to that. May that be due to ignorance, but the decree itself may be deemed to have waived such costs, unless specifically ditrects the decree holder to complete other needed processes and pay the prescribed fee.
