Stamp duty not applicable on family members who ceased to be co-sharers in property before execution of partition memorandum: Allahabad High Court | ProAdvocate |

Stamp duty not applicable on family members who ceased to be co-sharers in property before execution of partition memorandum: Allahabad High Court 

The Allahabad High Court has recently held that if family members wish to partition their property/land, and cease to be co-sharers before the execution of the partition document, then the stamp duty imposed under Section 2(15) of the Indian Stamp Act will not apply to them.

A single bench of Justice Piyush Agrawal, referring to the provision in its order, said, “A reading of the above sections clearly shows that if the partition document is executed on the previous terms of partition, signed by the co-owners, without possession, then stamp duty is required to be paid on the said document. In other words, Section 2(15)(iii) of the Act will apply, if the partition document is executed by the co-owners of the property on declaration of the terms of previous partition by the co-owners, it must be without possession.”

Case Title: Somansh Prakash & 8 others Vs State of UP & 3 others [Writ - C No - 5229/2021]