SANJAY KISHAN KAUL, J. - (1.) LEAVE is granted to place on record additional affidavit of the appellant along with annexures and the application is allowed. The assessment of stamp duty on a document purported to be a Release Deed dated 23.11.2000 under the Indian Stamp Act, 1899 calling upon the appellant to pay a stamp duty of Rs.32,60,800/ - has given rise to the present dispute.
(2.) LATE Yogender Parkash (brother of the appellant before us) and one Pawan Kumar Sharma, son of the appellant, purchased a piece of land measuring 3060 square yards in pursuance to a Conveyance Deed dated 4.8.1972, both having equal shares. This land purchased was a part of a larger land measuring 7780 square yards standing in the name of Shri Sehdev Rana, Hardev Sharma and Randev Tyagi comprising Khasra No.9 and Khatoni No.2230. Thereafter, the vendors and the vendees are stated to have constituted a partnership firm and started running a cinema hall on the total land, as referred to aforesaid. It is the case of the appellant that late Yogender Parkash retired from partnership business on 26.8.1980, though it is not disputed that the land purchased by him was never put in the partnership as his contribution nor did he give the right and interest in the land even while retiring from the partnership firm. Late Yogender Parkash passed away on 12.4.1993. As per the additional affidavit now brought on record in pursuance to the directions passed on the last date of hearing, it has come to light that he executed a last Will and testament dated 1.1.1993 in favour of his wife Mrs. Vijay Sharma. The Will in turn bequeathed property situated in Karnal to be utilized for the welfare of his children being one son and two daughters while all other properties devolved exclusively on his wife Mrs. Vijay Sharma. It has also been averred that no one has disputed the validity and authenticity of the Will.
(3.) IT is after a period of more than seven years after the demise of late Yogender Parkash and the interest in property in question having exclusively devolved on his wife Mrs. Vijay Sharma as per Will dated 1.1.1993 (devolution taking place on 12.4.1993 being the date of demise of late Yogender Parkash) that a Release deed No.5852 was executed on 23.11.2000 and duly registered with the Sub -Registrar, Yamuna Nagar qua this land in favour of the appellant by Mrs. Vijay Sharma. Thus, Mrs. Vijay Sharma executed this release deed in favour of the brother of her husband after seven years of demise of her husband. The case sought to be built upon is that this is in terms of a late husband's intent towards a family arrangement. It is not disputed before us that there is nothing to show on record that late Yogender Parkash ever intended the property in question to go to his brother. This is more so relevant as the Will is executed just a few months prior to his demise. The intention, thus, was to retain title in that property and in turn bequeath the same to his wife as he did. The devolution thus took place at the time of his death. It is nobody's case that post the demise of late Yogender Parkash, Mrs. Vijay Sharma expressed her intention not to accept the bequeath. In such a situation, if it had so occurred, the property would have devolved on the remaining Class -I heirs being the son and two daughters.;