Law: Stamp Act, of 1899

Section: 27A,23(b), ScheduleI,33(b),31(b)

Stamp Act (II of 1899)--- ----S. 27-A---Constitution of Pakistan (1973), Art.199---Constitutional petition---Surrender deed valuation for purpose of stamp duty---Executants of the surrender deed, in the present case, where adults having capacity to make contract, therefore, there was no possibility of subsequent renunciation of , transaction---Provisions of S.27-A, Stamp Act, 1899 did not apply to a transfer by surrender deed---Executants of a surrender deed, therefore, were at liberty to choose the valuation of property forming the subject-matter of the deed---Objection taken by the Excise department to the effect that deed of surrender was not valued Properly and on that ground refused to make the transfer entry was not supported by law and was, therefore, declared to be illegal, without lawful authority and of no legal effect---Excise Department was directed by High Court to act strictly in accordance with law for recording the transfer of title of the subject-matter property to the name of petitioner. Abdul Sattar v. Mst. Anar Bibi and others PLD 2007 SC 609 ref. ORDER UMAR ATA BANDIAL, J.---The petitioner is widow of late Ch. Muhammad Manzoor who has passed away. The deceased has four children who along with the petitioner are his legal heirs. By a declaratory judgment of a learned Civil Court dated 30-4-2008 the said persons have been determined to be the legal heirs of the deceased. Thereafter by a surrender deed dated 13-5-2008 registered in the record of the Sub-Registrar, Samanabad Town, Lahore on 4-6-2008 the four children of the deceased have surrendered their right and interest in residential property of the deceased measuring 8-M, 210 sq.ft. in favour of their mother, the petitioner who is a legal heir of deceased. The said surrender deed has been valued at Rs.50,000 and requisite stamp duty in the amount of Rs.1,000 has been affixed thereon. When the petitioner sought the transfer of the title of the said property to her name in the records of the respondent Excise and Taxation Department, the latter objected that the deed of surrender is not valued properly and refused to make the transfer entry. 2. Learned counsel for the petitioner has…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492