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STAMP DUTY AND REGISTRATION FEES IN KARNATAKA
MODEL DEEDS BY KARNATAKA STAMP DEPARTMENT
MODEL DEEDS BY TAMIL NADU STAMP DEPARTMENT
These above drafts of several papers are only a guidance, advocates with their depth of knowledge of law and grasping power of intentions of client’s will prepare better drafts for each case in a different way. Advocate drafting deeds for their client will keep in touch with the changes in law, business related to topic, social conditions & principles governing interpretation of several legal provisions and deeds. Drafting is the reproduction of thoughts and facts of parties to the deed, written in simple words understandable by the parties.
Word ‘MAY’ used in a document: - If it involves a discretion coupled with an obligation or where the court advances a remedy and suppresses a mischief or giving the word a directory significance would defeat the very intent and purpose of the document, the word ‘may’ should be interpreted to convey a mandatory force. State of U.P v Joginder Singh AIR 1963 SC 1618,1620.
Circumstances under which particular words are used in a document: - This has to be looked into in addition to general rule that intention of executor has to be ascertained after considering all the words used in their ordinary and natural sense. F.M.Devaru v Prabhakar 2004(2) SCC 505
Conflict between two parts:- Where there is a conflict between what is said in one part of the document and another part of it, the earlier part prevails over the latter,( Kaivelikkal v H.Ganesh AIR 1995 SC 2491.) but an attempt should always be made to harmonize the conflict between the two parts. Bapu Swami v Pattay Gounder AIR 1966 SC 902.
No word in a document should be read in isolation:- Jagannadha v State of A.P. AIR 2002 SC 77. Minor though disqualified to contract – capable of receiving property:- The transfer of property Act does not prohibit transfer of property to a minor. K.Balakrishan v K.Kamalam. AIR 2004 SC 1257. Clear wordings:- If the words used in the document are clear, there is very little the court can do about it. ONGC v Saw pipes Ltd AIR 2003 SC 2629. Name of the deed is not important but it’s real intention:- The intention may be gathered by reading the entire document and, if so necessary, from other attending circumstances also. If through such a process the intention of the parties can be culled out consistently with the rule of law, the courts are required to take that course. Tamboli Ramanilal v Ghanchi Chimanlal AIR 1992 SC 1236./ Keshav Kumar Swarup v Flowmore (pvt) Ltd. 1994(2) SCC 10./ Prakash Roadlines (p) Ltd v Oriental F &G insurance co.Ltd. 2000(10) SCC 64.
(TO BE CONTINUED) Two deeds on same date:- When two deeds are executed on the same date, one executed earlier in time will prevail. The time of document taking effect depends upon the date of execution and not upon the date of registration. Gurbax Singh v Kartar Singh AIR 2002 SC 959.
MOU or Development agreement or sale deed:- When MOU was drawn by giving developer right to sell or deal with the property as he likes after completion of constructions or development. It becomes Sale deed. Volition Investment pvt ltd. V Madhuri AIR 2003 Bom 360.
Time and contract:- When a contract is related to sale of immoveable property, it will normally be presumed that the time is not the essence of the contract. Gomathinayagam pillai v Palaniswami Nadar AIR 1967 SC 868. Hence deeds should contain the time frame as agreed between the parties. In case of K.S.Vidyanandan (AIR 1997 SC 1751) considering the fluctuation in the prices of the real estate, particularly in the metropolitan cities and in urban areas, the SC has toned down in rigor of the normal rule in respect of the immoveable property contracts but has not done away with or varied the normal presumption laid down earlier.
Illegal contracts:- When a contract is wholly illegal, title to the property does not pass. If it is partly lawful and partly unlawful, if it is severable, the lawful part shall be given effect to. Canbank Financial services v Custodian 2004(8) SCC 355.
No outside aid to interpret document:- In the matter of construction of a document no aid from outside can be taken unless the meaning is ambiguous. United India v Harchand 2004 (8) SCC 644.
Conflict between two parts:- If there is any inconsistency between the earlier part and latter part of a deed, other than a will, the earlier part shall prevail over the later part where in the case of a will the latter part shall prevail over the earlier part. Uma Devi v T.C.Sdhan AIR 2004 SC 1772.