Impounding of unregistered family arrangement deed
basavaraj shiromani
(Querist) 24 September 2011
This query is : Resolved
Sir,
Whether an unregistered family arrangement deed can be impounded u/s 33 and 34 of the Indian Stamp Act ? In the said deed it is written that " all the properties have distributed amongst all the members of the family and handed over to their respective share today it self"
Raj Kumar Makkad
(Expert) 24 September 2011
Family settlement do no require stamp duty and thus it cannot be impounded as illegal done in your case.
Sailesh Kumar Shah
(Expert) 24 September 2011
Family settlement deed doesn't require stamp duty moreover registration. so if you impounded deed, it would have no effect.
R.Ramachandran
(Expert) 24 September 2011
What you term as "family arrangement" if in fact in reality or by judicial interpretation turns out to be a "partition deed" it may attract stamp duty.
More over under Section 33 of the Stamp Act, the question of impounding the instrument would arise only if it reaches the person who is authorised to receive the same as an evidence. Section 34 of the Stamp Act has no appliction in the instant case since it applies to unstamped 'receipts'.
prabhakar singh
(Expert) 24 September 2011
I am sorry to disagree with my experts.
As stated by you the deed incorporates the words" all the properties have distributed amongst all the members of the family and handed over to their respective share today it self" IT DOES ATTRACTS PROPER STAMP DUTY AND REGISTRATION.
IT IS NOT SO THAT IF A DOCUMENT IS NAMED BY PARTIES BY NAME ,THEN IT WOULD BE SO TREATED.THE COURTS ARE REQUIRED TO GO THROUGH ALL THE CONTENTS OF DOCUMENT AND THEN TO DECIDE WHAT THE DOCUMENT IS?, IGNORING THE NAME BY WHICH PARTIES RECOGNIZE IT.
LAW ALLOWS EVEN ORAL PARTITION OR SETTLEMENT AND DECLARES IT VALID IF ACTED UPON BY PARTIES ON THE SPOT SO THAT A CLEAR CUT SEVERANCE IS ESTABLISHED BETWEEN/ AMONG PARTIES.
LAW EVEN ALLOWS THE ORAL PARTITION OR SETTLEMENT SO ACTED UPON TO BE REDUCED IN WRITING AND ORALLY AGREED TERMS TO BE INCORPORATED IN WRITING AS A MEMORANDUM WHICH WOULD BE VALID EVEN WITHOUT REGISTRATION AND PAYMENT OF ANY DUTY.
In your case the document it self has allocated the share of parties being separated by same document,so give it any name, its language does demand proper payment of stamp duty as well as registration.
Raj Kumar Makkad
(Expert) 24 September 2011
I do agree with prabhakar singh. Section 17 of TP Act permits that no stamp duty is payable in family settlement.
