VIDYA SAGAR RAI Vs. STATE OF U.P

JUDGEMENT

(1.) The facts are : On 27-4-1992 an instrument purporting to be family settlement is executed of house No. 445/132/4-A, New Alopi Bagh Colony, Allahabad City. It is executed by Yogendra Nath Rai and his four sons. It is given out that on death of Yogendra Nath Rai ownership will devolve on his sons who are in possession of different portions of the house. Also Smt. Girja Devi, wife of Yogendra Nath Rai, is living in the house. The document settles specific ownership of shares to each of the sons. Five instruments are executed and a map dilenates divided shares. Finally this closes the transaction.

(2.) In pursuance of an inspection of office, Sub-Registrar Chail II, Allahabad submits a reference under Sec. 47-A Stamp Act to recover deficient stamp duty because instrument is not a family settlement, instead it is an instrument of partition.

(3.) Additional Collector begins legal action; he orders registration of a stamp case, issues a show cause notice on 12-10-1993. In Oct. 1993 an objection comes by a son Vidya Shanker Rai. It is without a date and signature of advocate. It has been urged that instrument dated 27-4-1992 is a memo of family settlement between father Yogendra Nath. Rai and his sons. Indeed, it is an oral family settlement which had been reduced to writing. It requires and occasions no stamp nor registration. The payment of Rs. 200.00 as stamp duty is proper. He further avers that Sub-Registrar's report dated 1-10-1993 is incorrect that Sri Yogendra Nath Rai is dead. Indeed, he is alive and is executant of family settlement. The document is not an instrument of partition as defined under Sec. 2 (15) Indian Stamp Act. It is a division of property amongst co-owners in severally. OF joint family property father has settled the dispute by way of a family settlement. This is a formal recognition of an oral family settlement. The relief to dismiss the reference the prays the courts for.