V.R.CHANDANA Vs. INSPECTOR GENERAL OF REGISTRATION

JUDGEMENT

(1.) Aggrieved by the Refusal Check Slip issued by the 3rd respondent refusing registration of the Settlement Deed executed by petitioner in favour of her paternal grandmother on the ground that it was liable to Stamp Duty under Article 58(a)(ii)-A of Schedule-I to the Indian Stamp Act, 1899, the petitioner has come by way of this writ petition.

(2.) According to the petitioner, the subject property was originally purchased by paternal grandfather of petitioner-R.Venkataswamy. The petitioner's father-R.V.Ravikumar predeceased his father R.Venkataswamy. After death of R.Venkataswamy, the petitioner and her mother succeeded to a share in the subject property representing the estate of her deceased father. Later, the petitioner's mother executed a Settlement Deed in favour of the petitioner in respect of her share. Thus, the petitioner claims 1/6th undivided share in the subject property. Out of love and affection towards her grandmother namely R.V.Meera, wife of above said R.Venkataswamy, the petitioner executed a Settlement Deed on 23/1/2024 and presented the same for registration before the 3rd respondent. The petitioner treating the same as a Settlement Deed executed in favour of a family member affixed concessional stamp duty under Article 58(a)(i) of Schedule-I to the Indian Stamp Act, 1899. The 3rd respondent/Sub Registrar refused to register the same on the ground that Settlement Deed is liable for higher stamp duty under Article 58(a)(ii)-A and directed the petitioner to pay 7% towards stamp duty on the instrument and 2% on the registration charges. Aggrieved by the said refusal check slip issued by 3rd respondent, the petitioner has come by way of this writ petition.

(3.) Mr.V.Manisekaran, learned counsel appearing for the petitioner by taking this Court to the explanation to Article 58(a)(i) of Schedule-I to the Indian Stamp Act, 1899 submitted that a Settlement Deed in favour of grandchild is chargeable with concessional stamp duty and hence, even though the word grandparents is not specifically included in the explanation, the Settlement Deed executed by grandchild in favour of grandparents should also be chargeable with concessional stamp duty. In support of the said contention, the learned counsel relied on the following judgments:-