Legal Insight from Shri Ganpati Jurists
📜 Supreme Court on Transfer of Property in Mutual Divorce Settlements
In a recent Supreme Court ruling (Transfer Petition (Civil) No. 875 of 2024), the court granted mutual consent divorce under Article 142 of the Constitution. Key highlights:
✅ The husband relinquished rights over the jointly owned flat in favor of the wife.
✅ The court ruled that no stamp duty is payable for transferring property under a court order, citing Section 17(2)(vi) of the Registration Act, 1908.
✅ The Sub-Registrar was directed to register the property in the wife's name without additional costs.
💡 Legal Learning: If the property is the subject matter of the compromise and subsequently formed part of the proceedings before the Court, the transfer would be exempt from stamp duty under Section 17(2)(vi) of the Act.
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