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In Re: Reference Undera Stamp Act, Section 46

Type Court Judgment Court Chennai Decided Dec 17, 1894
~1 min read
https://sooperkanoon.com/case/788434

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Citation
Court
Chennai
Judge
Decided On
Subject
Property

Case Summary

AI-generated summary - not the official court judgment text.

Stamp Act - Act I of 1879, Section 3, Clause (11), Schedule I, Article 54--Partition--deed--Release, - - It is a deed by which one co-owner renounces his claim for partition against the family property in consideration of a certain income to be enjoyed by him for his life out of certain lands over which he has no ...

Key legal issue
Property

Parties & Advocates

Appellant / Petitioner

In Re: Reference Undera Stamp Act, Section 46

Legal References

Cases Referred
Eknath Section Gownde v. Jagannath S. Gownde I.L.R.
Reported In
(1895)ILR18Mad233

Excerpt

stamp act - act i of 1879, section 3, clause (11), schedule i, article 54--partition--deed--release, - - it is a deed by which one co-owner renounces his claim for partition against the family property in consideration of a certain income to be enjoyed by him for his life out of certain lands over which he has no power of alienation.1. we are of opinion that the deed is not an instrument of partition within the meaning of section 3, clause 11 of the stamp act since it is not a deed by which co-owners agree to divide the property in severalty. it is a deed by which one co-owner renounces his claim for partition against the family property in consideration of a certain income to be enjoyed by him for his life out of certain lands over which he has no power of alienation. the case is similar to eknath section gownde v. jagannath s. gownde i.l.r. 9 bom. 4172. we are of opinion that the deed is a release and should be stamped under schedule i, article 54 of the stamp act.

Full Judgment

1. We are of opinion that the deed is not an instrument of partition within the meaning of Section 3, Clause 11 of the Stamp Act since it is not a deed by which co-owners agree to divide the property in severalty. It is a deed by which one co-owner renounces his claim for partition against the family property in consideration of a certain income to be enjoyed by him for his life out of certain lands over which he has no power of alienation. The case is similar to Eknath Section Gownde v. Jagannath S. Gownde I.L.R. 9 Bom. 417

2. We are of opinion that the deed is a release and should be stamped under schedule I, Article 54 of the Stamp Act.

Continue Your Research

Same Parties In Re: Reference Undera Stamp Act, Section 46 vs Same Subject Property Same Judge Arthur J.H. Collins, Kt. C.J.,; Muttusami Ayyar and ;Parker, JJ.
Property

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