RATAKONDA KANTHAMMA Vs. DISTRICT REGISTRAR CHITTOR

JUDGEMENT

(1.) The first petitioner is the wife of one Sri R. Kamalakara Naidu and petitioners 2 to 5 are their children. The second petitioner was given in adoption to one Sri B. Narayana Swamy Naidu. After the death of Kamalakara Naidu, the properties held by that family were sought to be partitioned, through a document, dated 13/3/2006. The second petitioner was also allotted a share on the ground that by that time he was given in adoption, he became entitled to it.

(2.) The document was presented before the second respondent, for registration. The stamp duty of 1% on the value of the property was paid as per Article 49-A of Schedule I-A of the Indian Stamp Act, as it applies to the State of Andhra Pradesh. The second respondent entertained a doubt as to the adequacy of stamp duty and registration charges and addressed a letter, dated 18-3-2006, to the first respondent. The latter, in turn, replied on 26-4-2006, stating that the second respondent can be treated as a member of the family despite the adoption, and that the stamp duty is chargeable at 1%.

(3.) The grievance of the petitioners is that despite the clarification issued by the first respondent, the second respondent has not registered the document so far.