Proceedings No. 19052/P1/2019, Revision Petition Final Order, 8 April 2024
The Inspector General of Registration and Chief Controlling Revenue Authority of the Registration Department issued Proceedings Number 19052/P1/2019 dated 8 April 2024, accepting a revision petition concerning a release deed presented at the Tiruvarur Sub Registrar Office. The proceedings set aside the Nagapattinam District Registrar's order demanding deficit stamp duty of Rs.2,04,085 and a penalty of Rs.915, and classified the deed under Article 55A of the Indian Stamp Act.
What the final order decides
The Inspector General of Registration and Chief Controlling Revenue Authority of the Registration Department, through Proceedings Number 19052/P1/2019 dated 8 April 2024, accepted the revision petition filed by R.V. Pathi, also known as R. Venkadapathi. The proceedings set aside Nagapattinam District Registrar Order Number 749/A1/2019 dated 24 April 2019.
The disputed release deed was held to fall under Article 55A of the Indian Stamp Act. The earlier assessment had treated part of the transaction as a release to a person who was not a family member under Article 55C.
Document and stamp duty dispute
Proceedings Number 19052/P1/2019 concerns pending Document Number P13/2018 at the Tiruvarur Sub Registrar Office, later registered as Document Number 5978/2019. Key details are:
- The document was a release of share deed dated 20 April 2018.
- R. Sampath and S. Jayalakshmi executed it in favour of R.V. Pathi, also known as R. Venkadapathi.
- The property value was Rs.25,00,000.
- The document carried stamp duty of Rs.25,000.
- The Nagapattinam District Registrar demanded deficit stamp duty of Rs.2,04,085 and a penalty of Rs.915.
- Those amounts were collected on 17 October 2019, after which the document was registered as 5978/2019.
Reason for reclassification
Proceedings Number 19052/P1/2019 examined the rights created by Will Document Number 15/1983, Book 3. The authority found that R. Sampath and R. Venkadapathi had joint ownership in the relevant property, while S. Jayalakshmi had only a life interest and was not an owner.
The authority concluded that the release deed was executed by:
- A co-owner who was a family member.
- Another person who was neither a co-owner nor a family member, and who held only a life interest.
On these facts, the authority classified the deed under Article 55A and rejected the District Registrar's contrary assessment.
Who is affected
Proceedings Number 19052/P1/2019 directly affects the parties to Document Number P13/2018 and the related registration numbered 5978/2019. The Tiruvarur District Registrar was instructed to take appropriate action if there were grounds to issue a refund. The text does not state that a refund was automatically granted or paid.
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Common questions
Was the additional stamp duty demand cancelled?
Yes. Proceedings Number 19052/P1/2019 set aside the Nagapattinam District Registrar's order that fixed deficit stamp duty of Rs.2,04,085 and a penalty of Rs.915.
Why was the release deed classified under Article 55A?
The authority found that one executant was a family member and co-owner, while the other had only a life interest and was not a co-owner or family member. On those facts, the deed was classified under Article 55A.
Will the stamp duty and penalty already collected be refunded?
The amounts had already been collected on 17 October 2019. The Tiruvarur District Registrar was asked to take appropriate action if there were grounds for a refund, but the text does not confirm that a refund was granted.
Does this decision apply to every family release deed?
The proceedings decide the classification of Document Number P13/2018 based on its parties, ownership rights and life interest. The text does not state that the outcome automatically applies to every release deed.
