Supreme Court of India
Trustees of H.C. Dhanda Trust v. State of Madhya Pradesh & Ors.
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What the Court ordered
In view of the above, I do not find any merit in this writ petition.
Judgment, page 13
From the headnote
Stamp Act, 1899: s.40(1)(b) – Imposition of maximum penalty when instrument not duly stamped – Propriety of – In the instant case, a resolution was passed by the Executors/Trustees of the appellant-Trust to transfer and vest immovable properties to the beneficiaries by executing a Deed of Transfer – However, subsequently a Deed of Assent was executed between them on payment of stamp duty of Rs.200 whereunder the Trustees gave assent to complete title of the Legatees and vest absolutely in favour of beneficiaries – Collector of Stamps held the Deed of Assent as Gift Deed and demanded deficit…
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