Partly allowed

Smt.Gangavva W/O Fakkirappa Kakkeri v. Huchappa @ Ningappa S/O Somappa Kakkeri

Karnataka HC14 Dec 2023WP/115027/2019

Case brief

AI extract

What is this about?

High Court of Karnataka allowed a writ petition to modify orders dismissing applications for stamp duty payment. The court permitted the petitioner to pay deficit stamp duty on the original Apsat Watni Patra while rejecting registration prayers for the original deeds due to Section 17 restrictions.

What did the court decide?

Modified impugned orders to permit the petitioner to pay deficit stamp duty and penalty on the original Apsat Watni Patra produced before the trial court.

Smt.Gangavva W/O Fakkirappa Kakkeri Vs Huchappa… — Succession and Inheritance | Karnataka HC (2023)

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NC: 2023:KHC-D:14696 WP No. 115027 of 2019

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 14^TH DAY OF DECEMBER, 2023 BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN

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WRIT PETITION NO. 115027 OF 2019 (GM-CPC)

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BETWEEN:

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GANGAVVA FAKKIRAPPA KAKKERI, AGE: 64 YEARS, OCC: HOUSEHOLD WORK, R/O: HOSUR-591111, TQ: SAUNDATTI, DIST: BELAGAVI.

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MADIWALAPPA FAKKIRAPPA KAKKERI AGE: 34 YEARS, OCC: AGRICULTURE, R/O: HOSUR-591111, TQ: SAUNDATTI, DIST: BELAGAVI.

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SOMAPPA FAKKIRAPPA KAKKERI, AGE: 33 YEARS, OCC: AGRICULTURE, R/O: HOSUR-591111, TQ: SAUNDATTI, DIST: BELAGAVI.

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GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI

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BASAVARAJ FAKKIRAPPA KAKKERI, AGE: 25 YEARS, OCC: AGRICULTURE, R/O: HOSUR-591111, TQ: SAUNDATTI, DIST: BELAGAVI.

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…PETITIONERS

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(BY SMT. SHAILA BELLIKATTI, ADVOCATE)

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AND:

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HUCHAPPA @ NINGAPPA S/O. SOMAPPA KAKKARI, AGE: 59 YEARS, OCC: AGRICULTURE, R/O: VPO BAILWAD-591102, TQ: BAILHONGAL, DIST: BELAGAVI.

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SMT. CHANNAVVA W/O. BASAPPA KAKKARI, AGE: 59 YEARS, OCC: HOUSEWORK, R/O: HOSUR-591111, TQ: SAUNDATTI, DIST: BELAGAVI.

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IRAPPA S/O. BASAPPA KAKKARI, AGE: 35 YEARS, OCC: AGRICULTURE, R/O: HOSUR-591111, TQ: SAUNDATTI, DIST: BELAGAVI.

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SMT. KASTURI W/O. NINGAPPA HOSAMANI, AGE: 39 YEARS, OCC: HOUSEHOLD WORK, R/O: HOSUR-591111, TQ: SAUNDATTI, DIST: BELAGAVI.

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SMT. SOMAVVA W/O. BASANAGOUDA DODAGOUDAR, AGE: 37 YEARS, OCC: HOUSEHOLD WORK, R/O: HOSUR-591111, TQ: SAUNDATTI, DIST: BELAGAVI.

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SIDDALINGAVVA CHANNAPPA KAKKERI, AGE: 59 YEARS, OCC: HOUSEHOLD WORK, R/O: HOSUR-591111, TQ: SAUNDATTI, DIST: BELAGAVI.

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SINCE DECEASED REPRESENTED BY SOLE LEGAL HERIS RESPONDENT NO.7.

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SMT. BASAVVA W/O. MALLAPPA SANGANNAVAR, AGE: 35 YEARS, OCC: HOUSEHOLD WORK, R/O: HOSUR-591111, TQ: SAUNDATTI, DIST: BELAGAVI.

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VEERAPPA ULAVVAPPA KAKKARI, AGE: 54 YEARS, OCC: AGRICULTURE, R/O: HOSUR-591111, TQ: SAUNDATTI, DIST: BELAGAVI.

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MAHADEVI W/O. VEERAPPA S/O. ULAVAPPA KAKKARI, AGE: 51 YEARS, OCC: AGRICULTURE, R/O: HOSUR-591111, TQ: SAUNDATTI, DIST: BELAGAVI.

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MAHADEVI W/O. VEERUPAXAPP FAKIRANNAVAR, AGE: 69 YEARS, OCC: AGRICULTURE, R/O: KHIRENDELLI-591102, TQ: BAILHONGAL, DIST: BELAGAVI.

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SMT. BASALINGAWWA W/O. MALLESHAPPA BOAGOUDAR, AGE: 79 YEARS, OCC: HOUSEHOLD, R/O: BAILWAD-591102, TQ: BAILHONGAL, DIST: BELAGAVI.

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…RESPONDENTS

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(BY SRI. P.V. GUNJAL, ADV. FOR R1; SRI. M.J. PEERJADE & SRI. B.M. GOKAK, ADVOCATES, FOR R2 TO R5, R10 & R11; NOTICE TO R7, R8 & R9 IS SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERRTIORARI FOR QUASHING OF THE IMPUGNED ORDER DATED 16-03-2019 ON I.A.NO.8 FILED UNDER SECTION 34 OF STAMP ACT PRODUCE VIDE ANNEXURE-A 8 IN O.S. NO.11/2014 AND MODIFY THE IMPUGNED ORDER BY ALLOWING I.A.NO.8 IN O.S.NO.11/2014 ON THE FILE OF PRL. SR. CIVIL JUDGE SAUNDATTI IN THE INTEREST OF JUSTICE AND EQUITY; ISSUE WRIT OF CERTIORARI QUASHING IMPUGNED ORDER DATED 24-10-2019 ON I.A.NO.17 FILED UNDER SECTION 34 STAMP ACT PRODUCE VIDE ANNEXURE-B AND MODIFY THE IMPUGNED ORDER BY ALLOWING I.A.NO.17 IN O.S.NO.11/2014 ON THE FILE OF PRL SR. CIVIL JUDGE SAUNDATTI IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION, COMING ON FOR FURTHER HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Aggrieved by the orders dated 16.03.2019 and 24.10.2019 passed on I.A.No.8 and I.A.No.17 respectively, filed under Section 34 of the Karnataka Stamp Act, in O.S.No.11/2014, pending on the file of the Principal Senior Civil Judge, Saundatti, the present writ petition is filed.

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2. I.A.No.8 is filed with the following prayer:

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“That for the reasons stated in the accompanying affidavit, it is most humbly prayed that, the applicant/Defendant No.3(C) may kindly be permitted to pay the required stamp duty, penalty and also other required registration charges for registering the unregistered family arrangement and relinquishment deed dt-25.04.1989 and unregistered documents Apsat Watni Patra dt-13.04.1993 produced in this case, pertaining to suit property before the competent authority/executed in between the Plaintiff and Defendant No. in and the Defendant No.3(C) is ready to pay the same in the interest of Justice and equity.”

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I.A.17 is filed with the following prayer:

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required registration charges for registering the relinquishment deed dt 25.04.1989 produced in this case, pertaining to suit property before the competent authority/executed in between the Plaintiff and Defendants and the Defendant No.3(C) is ready to pay the same in the interest of Justice and equity.”

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In short, the aforementioned I.As. are filed to pay the deficit stamp duty, penalty on the partition deed as well as the relinquishment deed and also to restore the same by paying necessary charges. The trial Court has dismissed the said applications.

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Perused a copy of the relinquishment deed sought to be registered by the petitioners. The relinquishment deed sought to be registered by the petitioner is a non-testamentary instrument, which acknowledges the receipt of a consideration on account of transfer of the right in an immovable property valued more than Rs.100/- as on the date of its execution. The same becomes a compulsorily registrable instrument as per Section 17 of the Registration Act, 1908. Non-

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registration of the same cannot confer any right on the persons who are parties to the said instrument.

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Under the said circumstances, giving permission

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to the petitioners to register the same at this juncture does not arise and registering the same by paying necessary stamp duty also does not arise. Hence, I do not find any error in the order of the trial Court in dismissing I.A.No.17 and also I.A.No.8 insofar as it relates to refusal to permit registration of the relinquishment deed.

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The other documents on which the petitioner has sought to pay the stamp duty and register the document is partition deed. On perusal of the same, it is found that it is in the nature of memorandum of partition (Apsat Watni Patra), which recognizes an earlier oral partition done between the family members, and it does not require registration. Further, it is submitted by both the parties that the said document is already marked before the trial Court.

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In the course of arguments, advocate for the

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petitioners fairly submits that she is not insisting for registration of the same, but she may be permitted to pay the deficit stamp duty and penalty on the said document. Advocate for the respondents submits they have no objection for the same if the original of it is produced and stamped. Hence the following:

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ORDER

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Orders dated 16.03.2019 and 24.10.2019, passed on I.A.No.8 and I.A.No.17 respectively, in O.S.No.11/2014, pending on the file of Principal Senior Civil Judge, Saundatti, is modified to the extent that the petitioner shall be permitted to pay deficit stamp duty along with penalty, if any, on the original Apsat Watni Patra, produced before the trial Court.

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Writ petition is disposed of accordingly.

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Sd/JUDGE

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gab/ct-mck List No.: 1 Sl No.: 34

Smt.Gangavva W/O Fakkirappa Kakkeri v. Huchappa @ Ningappa S/O Somappa Kakkeri

Case brief

What is this about?

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Smt.Gangavva W/O Fakkirappa Kakkeri v. Huchappa @ Ningappa S/O Somappa Kakkeri

Case brief

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What did the court decide?

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