PURNIMA BHANUPRASAD GOHIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is filed challenging an order passed by the Appellate Authority dated 6 th December 2013 and order passed by Collector of Stamps dated 28 th August 2012 refusing to register the document titled as "Family Partition of Assets Settlement Deed" ("Settlement Deed") on the ground that the said Settlement Deed was executed on 20/12/2011 and the document has been lodged for registration on 16/11/2012, which is beyond the period of 4 months provided under Sec. 23 of the Registration Act, 1908 ("the Act").

(2.) The genesis of the present petition arises out of a matrimonial dispute, between Petitioner and her husband, which landed before the Family Court. Petitioner and her husband decided to settle the dispute between themselves and, therefore, executed a Family Partition Of Assets Settlement Deed on 20/12/2011. As per the Settlement Deed, husband of the Petitioner was to transfer to Petitioner and their son two flats. A joint application was made before the Family Court on 22/12/2011 to keep the original Settlement Deed in its custody till in the parties comply with the duties and obligation under the consent terms.

(3.) On 27/1/2012, Petitioner and her husband informed the Family Court that both the parties have complied with their respective obligations under the Settlement Deed and the Family Court may pass the decree in terms of said Settlement Deed. Pursuant to the said request, on 17/2/2012, decree of divorce came to be passed by the Family Court.