Delhi High Court - Orders
Mr. Neeraj Arya vs Rakesh Arya & Anr on 13 April, 2023
Author: Yashwant Varma
Bench: Yashwant Varma
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 133/2019, I.A. 4279/2022
MR. NEERAJ ARYA ..... Plaintiff
Through: Mr. Karan S. Thukral, Ms.
Vaishnavi Arora, Mr. Preneet
K. Thukral, Ms. Bani Thukral
and Mr. Kalyan Babu, Advs.
versus
RAKESH ARYA & ANR. ..... Defendants
Through: Mr. Vaibhav Dang, Adv. for
D-1.
Mr. Rahul Jain, Adv. for D-2.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 13.04.2023 I.A. 4279/2022
1. The present application has been moved questioning the stamping of what has been described by the plaintiff to be a relinquishment deed. The instrument is dated 12 January 2018. The said instrument is stated to have been treated as a document of release and stamped accordingly. According to learned counsel for the applicant since the relinquishment in terms of the aforesaid instrument was effected only in favour of one of the co-owners, it would be liable to be classified as a gift and taxed accordingly.
2. Reliance in this respect is placed upon the judgment rendered by this Court in Tripta Kaushik v. Sub Registrar VI-A, Delhi & Anr. [W.P.(C) 9193/2019]. Learned counsel for the plaintiff however has sought to draw sustenance from the judgments rendered by the Court in Srichand Badlani v. Govt. of NCT of Delhi & Ors. [2013 Signature Not Verified SCC OnLine Del 5128] as well as Hari Kapoor v. South Delhi Digitally Signed By:NEHA Signing Date:16.04.2023 05:49:22 Municipal Corporation [2019 SCC OnLine Del 11153].
3. In terms of the principles laid down in the aforesaid decisions, it was contended on behalf of the plaintiff that for an instrument to be treated as one of release, it is not necessary that the relinquishment be made in favour of all co-owners. The Court notes that the judgment in Srichand Badlani had been duly noticed by the learned Judge in Tripta Kaushik. However, it was observed that the judgments in Srichand Badlani and Hari Kapoor had failed to notice an earlier decision of the Court rendered in Narinder Kaur & Anr. v. Amar Jeet Singh Sethi [2000 SCC OnLine Del 212] which had held that a relinquishment per force cannot be in favour of any particular co- sharer and if it were to so operate, it would amount to a transfer and would have to be effected either by way of a Conveyance or a Gift Deed.
4. Since learned counsels did not readily have a copy of the decision in Narinder Kaur, let this application be called again for consideration on 26.07.2023.
YASHWANT VARMA, J.
APRIL 13, 2023 SU Signature Not Verified Digitally Signed By:NEHA Signing Date:16.04.2023 05:49:22