TMI Blog2013 (5) TMI 421X X X X Extracts X X X X X X X X Extracts X X X X ..... into a development agreement with a land developer or builder for development of a parcel of land or for construction of apartments in a building, and for this purpose a power of attorney empowering the developer to execute sale agreements or conveyances in regard to individual plots of land or undivided shares in the land relating to apartments in favour of prospective purchasers can be executed or to his spouse, son, daughter, brother, sister or a relative to manage his affairs or to execute a deed of conveyance. Therefore, the directions contained in the impugned circular were quite contrary to the observations made by the Supreme Court. Accordingly, the same was to be set aside. - W.P. (C) No. 4585 of 2012 - - - Dated:- 30-4-201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e GPA was duly registered and stamped, in accordance with the provisions of the Delhi Stamp Duty Amendment Act, 2001. 2.3 Apparently, Mrs Puri also executed a Will dated 11.11.2011. To be noted, the Will refers to Mr Anil Khanna, the director of the petitioner company. As per the said Will 25% of the undivided, indivisible and impartible ownership rights in the land, on which the said property has been built, is to devolve on Mr Anil Khanna, on the death of Mrs Puri. The said Will has, evidently, been registered with the Sub-Registrar-V, Delhi. 2.4 On 27.04.2012, respondent no.2, i.e., the Divisional Commissioner, Govt. of NCT of Delhi, issued the impugned circular. 3. The petitioner being aggrieved by the contents of the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the transaction between the owner Mrs Puri and the petitioner company, i.e., the builder, is in effect a transaction of sale and hence the resistance to registration of the document. Mr Mohammad says that based on the Power of Attorney, the petitioner company, which is a builder, is obviously going to sell those portions of the super-structure to prospective buyers, which fall within its share. It is stated that the rate of stamp duty, on these sale(s) will be 6%. It is, therefore, Mr Mohammad's contention that, the same rate of stamp duty should also apply to the first leg of the transaction, which is, the transaction entered into between the owner Mrs Puri and the petitioner company, i.e., the builder. 6. Having heard the learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich is based on a GPA, Will or Agreement to Sell. In my view, this direction clearly misconstrues the observations of the Supreme Court made in paragraph 27 of the judgment in the case of Suraj Lamp Industries (P) Ltd. The said observations being relevant are extracted hereinbelow: "....27. We make it clear that our observations are not intended to in any way affect the validity of sale agreements and powers of attorney executed in genuine transactions. For example, a person may give a power of attorney to his spouse, son, daughter, brother, sister or a relative to manage his affairs or to execute a deed of conveyance. A person may enter into a development agreement with a land developer or builder for developing the land either by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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