Civil

P.S.Subbaraman (Querist) 16 October 2009 This query is : Resolved
In a partition unregistered memorandum entered among the co owners 15 cents of land is allotted to X. Can he execute a partition release in favour of another co owner A ? Is there any violation of stamp laws, as X releases the property got by him in the memorandum .

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Adv Archana Deshmukh (Expert) 16 October 2009
Though a partition may not be registered, a release deed must be registered at the sub-registrar's office. An unregistered release deed is not valid.

Raj Kumar Makkad (Expert) 16 October 2009
X can release his share earned through partition in favour of A and there is no question of avoiding the payment of stamp duty because no stamp duty is payable on the partition of land among its shareholders and release deed is required to be registered and appropriate stamp duty is leviable thereon.