Government Circular dt. 21st April, 2018 – Registration of Partition Deed of HUF Property- [English Translation]

Government Circular dt. 21^st April, 2018 – Registration of Partition Deed of HUF Property- [English Translation]

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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:- 21^st April, 2018

Vide:-

1] Government Circular in the Department of Revenue & Forest, bearing No. Nondani-1093/2484/Pra.Kra.821/M-1, Dt. 27^th March, 1995.

2] Government Circular in the Department of Revenue & Forest, bearing No. Mudrank-1093/3001/Pra.Kra.681/M-1, Dt.26^th May, 1995.

Preface:-

Pursuant to the order dated 30^th 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

[Pritamkumar Jawale]

Work Desk Officer, Government of Maharashtra

Copy:-

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Select File, Work Desk- M-1.