Mohan RP Rao (Advocate) 05 March 2009

whether deedof assignment of decree is Mandatorily required to be registered?

Dear All,

1. My first queiry is whether the deed of assignment of a decree for imovable property is required to be registered mandatorily or it is optional and what is the stamp duty for the same.

2. Can the assignee of decree of such unregistred deed of assignment can make an application for substitution in application for exucution of decree originally filed by the the decree holder in terms of O.21, R16 of C.P.C?

Regards

Mohan Rao

Reply Follow

2 Replies

N.K.Assumi (Advocate) 05 March 2009

After the Amending act of 1929, deleting the words " any award' from section 17 (2) (vi) a private award affecting immovable property of the value of Rs.100 or more requires registration under section 17 (1) (b). Note, that clause (e) is not, as is sometimes supposed, in points in this connection, as that clause is expressly restricted to cases of transfer or assignment of an award. On the question of registration of awards generally see the notes to be exceptive Clause (vi) of Sec 17 (2).

Regarding your second question, in my humble view it all depends in the original Assignment made by the Assignor.