Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2009 (4) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2009 (4) TMI 832 - SC - Indian LawsWhether the condition precedent to pass an order under section 47 A of the Stamp Act, as amended by the State of Uttar Pradesh (in short U.P.), was present in the instant case? Whether the said documents were deeds of assignment falling under Article 63 of the Schedule 1-B of the Stamp Act, as applicable to the State of UP or they were deeds of conveyance, as defined in section 2(10) of the Stamp Act to which Article 23 would be applicable? Whether the document dated 22nd of November, 1997, is a deed of assignment or it is a conveyance to which Article 23 applies and if so,whether the order dated 22nd of November, 1997, passed by the Sub-Registrar purporting to make areference under Section 47 A of the Stamp Act, as applicable to the State ofUP is not legal and without jurisdiction? Whether the relevant date for determining the consideration entered in the document would be the market value of the property on the day of entering into the agreement for sale and not the date of presentation of the documents for registration? Held that:- Appeal allowed. Setting aside the judgment of the High court we hold that in the instant case Article 63 of Schedule 1-B of the Stamp Act, as applicable to the State of U.P., which deals with transfer of lease by way of assignment will apply to the documents in question. We also hold that the consideration to be mentioned in the document would be the market value of the property on the date when the agreement was entered into and not when it was presented for registration, considering the peculiar facts of this case.
|