35 proviso (a) of the Stamp
Act, 1899 (for short ' Stamp Act ') provides that the instrument
which is unstamped or insufficiently stamped shall ... value of the stamp duty payable in
addition to the actual value as per Section 35 proviso (a) of the
Stamp Act . Further
date of
presentation of the document.
9. Section 35 of Indian Stamp Act, 1899 reads thus:
35. Instruments not duly stamped inadmissible in
evidence ... provided by section 32 or any other
provision of this Act.
10. Section 35 (a) indicates that in case deficit stamp duty
exceeds rupees five
document when presented for registration
satisfying the requirements under the Stamp Act and Registration
Act is justified. Moreover, the Registrar is bound to register ... from
registration of such document pertaining to the land covered by
Section 22A, 35 (3) and Section 71 of the Registration Act. In the
instant
Stamp and Registration laws. The Registrar
may refuse to register the document only in the circumstances
enumerated under Section 71 of the Registration Act ... Section 22-A or 22-B
of the Registration Act and when execution of document is denied by
executant of document under Section 35
Section 7 of the Act. When some explanation is offered,
the court is obliged to consider the explanation Under
Section 20 of the Act ... proof of demand, such legal presumption
under Section 20 of the Act would also not raise.
35. Similar such view was taken by the Apex
illegal arbitrary malafide
intentional and contrary to the rules under Section
71 of the Registration Act and consequently set-aside
the same as illegal and further ... stamp duty. The District Registrar passed
an order on 19.03.2019 directing the petitioner to pay the deficit
stamp duty of Rs.10,35
conveyance for registration. But, the
Registrar passed an order under Section 71 of the Act, refusing to
register the instruments presented for registration vide order ... view of
de-notifying the land under Section 22-A(1)(a) & (e) of the Act is illegal
and contrary to law and thereby
Jyostna, W/o Venkata Giri Srinivas, Aged about 35 years, Hindu,
House-wife, Rio D.No.35-33-27, Bank Colony, Tanuku, West Godavari District ... prohibitory property list as per the provisions of
Section 22-A(1) of the Registration Act, 1908. |
Hence, there shall be an interim direction
Stamps contended that as per Registration Act,
1908 , the sub-Registrar can refuse registration of documents only in
few circumstances contained under Sections ... 35(3) and
MSM,J
WP_5709_2021
3
71 of the Registration Act,1908 , requested to dismiss the Writ
Petition.
The main grievance
SPSR Nellore District
from the prohibited property list under Section 22-A of the Registration Act,
ignoring the fact that the land was originally granted ... land is shown in the prohibited property list under Section 22-A of
the Registration Act, in the year 2018, as per the orders
