Government Circular dt. 21st April, 2018 – Registration of Partition Deed of HUF Property- [English Translation]
Regarding Registration of Partition Deed Regarding Property
Belonging to Hindu Undivided Family
Government of Maharashtra
Department of Revenue & Forest
Government Circular No.Vipa.Arja-2017/841/Pra.Kra.186/M-1
Madam Cama Road, Hutatma Rajguru Chowk,
Mantralaya, Mumbai- 400 032
Date:- 21st April, 2018
1] Government Circular in the Department of Revenue & Forest, bearing No. Nondani-1093/2484/Pra.Kra.821/M-1, Dt. 27th March, 1995.
2] Government Circular in the Department of Revenue & Forest, bearing No. Mudrank-1093/3001/Pra.Kra.681/M-1, Dt.26th May, 1995.
Pursuant to the order dated 30th June, 2003 passed by the Hon’ble Court of Bombay in the court case being Writ Petition No.2814/2002 (“Shri. Arvind Yashwantrao Deshpande V/s Government of Maharashtra & Others”), the following Explanation is hereby given vis-à-vis the instructions issued under the aforementioned Government Circulars:-
“The Process of Partition of the property belonging to a Hindu Undivided Family and the receipt thereof by a Coparcener does not fall under the definition of “Transfer”; hence, it is not compulsory to register such Partition Deeds. However, on such type of Partition Deed Stamp Duty is payable under Article 46 contained in Schedule-1 to the Maharashtra Stamp Act.”
This Explanation is issued pursuant to the opinion received from the Department of Law & Judiciary, vide its Informal Reference No.422/877/Civil/Confidential/2017-“A” Branch, Dt.01/11/2017.
This Government Circular is made available on the website of the Government of Maharashtra viz. www.maharashtra.gov.in and its Code Number is 201804231526582619. This Circular is attested and issued under digital signature.
By the order and in the name of the Governor of Maharashtra,
Pritamkumar Vasantrao Jawale – Digital Signature
Work Desk Officer, Government of Maharashtra
- The Secretary to the Hon’ble Governor, Raj Bhawan, Malbar Hill, Mumbai.
- The Additional Chief Secretary to the Hon’ble Chief Minister, Mantralaya, Mumbai.
- Private Secretaries to all Hon’ble Ministers/Hon’ble Ministers of State.
- Hon’ble Leaders of Opposition, Legislative Council/legislative Assembly, Vidhan Bhawan, Mumbai.
- All Hon’ble Members of the Legislative Council/Legislative Assembly, Vidhan Bhawan, Mumbai.
- Hon’ble Chief Secretary, Government of Maharashtra, Mantralaya, Mumbai.
- Additional Chief Secretaries/Principal Secretaries/Secretaries in all Mantralaya Departments.
- The Inspector General of Registration and Controller of Stamp, Maharashtra State, Pune.
- All Mantralaya Departments.
- Principal Secretaries (Legislative Assembly/Legislative Council), Maharashtra Legislature Secretariat, Mumbai.
- The Accountant General, Maharashtra-1 and 2 (Accounts and Permit), Maharashtra, Mumbai/Nagpur.
- The Accountant General, Maharashtra- 1 and 2 (Audit), Maharashtra, Mumbai/Nagpur.
- The Secretary, the Office of State Chief Information Commissioner, New Administrative Building, Mumbai.
- The Pay & Accounts Officer, Mumbai
- The Resident Audit Officer, Mumbai.
- All Divisional Commissioners.
- All District Collectors.
- All Chief Executive Officers of Zilla Parishads.
- The Additional Controller of Stamp, the Principal Stamp Office, Fort, Mumbai.
- All District Treasury Officers.
- All Deputy Inspector Generals of Registration and Deputy Controllers of Stamp (Divisional Officers).
- Select File, Work Desk- M-1.
[Translated by Adv. Prakash Manohar Chalke-
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