GANDEVALLA JAYARAM REDDY Vs. MOKKALA PADMAVATHAMMA

JUDGEMENT

(1.) Whether the transfer of immovable property by way of Pasupu Kumkuma (gift of immovable property to a daughter at the time of marriage) requires registration in terms of the provisions of S. 17 of the Registration Act or not is the question involved in this application.

(2.) In Bhubaneswar Naik Santoshrai v. The Special Tahsildar, Land Reforms, Tekkali, AIR 1980 Andh-Pra 139, a Division Bench of this Court held that having regard to the provisions of Section 3 of the Hindu Adoptions and Maintenance Act which includes the reasonable expenses of marriage of the daughter and further having regard to the nature of the transaction by way of Pasupu Kumkuma which is both involuntary as well as for consideration, such transaction would not attract the provisions of Section122 of the Transfer of Property Act and thus, it is not compulsorily registrable in terms of S. 123 thereof. Another learned single Judge of this Court in P. Buchi Reddy v. Anantula Sudhakar (1999) 2 AndhLT 192 followed the decision in Bhubaneswar Naik Santoshrai (supra).

(3.) In view of the aforementioned decisions, the learned trial Judge held that whatever property is given to a daughter or sister towards her marriage irrespective of the fact as to whether the same is done at the time of or at any time marriage, the same will fall under the description of Pasupu Kumkuma and thus, neither any stamp duty is required to be paid nor the document is liable to be registered.