2026High CourtLatestLegalRegistration ActStamp Actstamp duty

Delay under the Stamp Act Cannot Defeat Right to Registration of Lease

Judgment dated 29.9.2026 of the High Court of Bombay in Writ Petition No.1962 of 2026 of Kalpataru Gardens Limited and others   Vs.   The State of Maharashtra and others

Section 23 of the Registration Act & Delay in Presentation of Lease Indenture for Registration

The case of the Petitioners is that the Petitioner No. 1 entered into an Indenture of Lease dated 14th July 2017 with Petitioner No.2. Under the said Indenture of Lease, the Petitioner No.1, in favor of Petitioner No. 2, demised a parcel of non-agricultural land admeasuring 1050 square meters situated at Survey No. 201 (Part), CTS No. 283/A(Part) of Village Bhandup, Taluka Kurla, Mumbai Suburban District for a period of 999 years commencing from 14th July 2017. This being subject to the terms and conditions stipulated in the Indenture of Lease at the annual lease rent of Rs.1/- and for a one-time premium of Rs. 5 crores paid by Petitioner No. 2 to the Petitioner No. 1, on or before execution of the said Indenture of Lease.

on 3rd April 2025, Respondent No. 3 – Collector of Stamps passed a Final Order thereby confirming its Interim Order dated 24th March 2025. Such final order (Impugned Order No. 1) also records that since the document was executed on 14th July 2017, as per the Circular No. Ka.4/P.No.617/2011/3008 dated 22nd December 2011 issued by the Inspector General of Registration and Controller of Stamps, the said document is not eligible for registration.

The request of the Petitioner No. 1 was rejected vide order dated 24th April 2025 (Impugned Order No. 2) on the ground that the said Indenture of Lease was not submitted for registration within the time limit prescribed under Sections 23 and 24 of the Registration Act, 1908 (“Registration Act” in short). The Respondent No. 4 – Joint Sub-Registrar, raised an objection under Section 25 of the Registration Act stating that the power to condone the delay is only up to 4 months beyond the initial period and even such period had lapsed.

We find that Petitioner No. 1 had submitted the said Indenture of Lease for adjudication before Respondent No. 3 – Collector of Stamps on 9th August 2017. The Respondent No. 3 thereafter, passed Interim Orders including the one dated 21st December 2018, pursuant to which, the Petitioner No. 1 also wrote to the said Respondent vide letter dated 2nd January 2019, in regard to providing the methodology/computation of the market value for stamp duty purposes. It appears that the said letter was not responded to by the Respondent No. 3. However, due to the onset and continuation of the COVID-19 Pandemic, the proceedings of adjudication of stamp duty on the said Indenture of Lease, could not be finalized. Undisputedly, the Petitioner No. 1 again moved an Application on 31st January 2024 under the Maharashtra Stamp Duty Amnesty Scheme 2023 seeking benefits available thereunder.

In our view, a substantive legal right accrued to the Petitioners to have the document registered under the provisions of the Registration Act cannot stand defeated, merely on account of some delay, which is definitely not attributable to the party presenting the document for registration, that too for reasons beyond its control.

In the facts of the present case, the delay in presenting the document for registration was purely attributable to Respondent No. 3, in passing a final adjudication order only on 3rd April 2025, under Section 31 of the Stamps Act. This delay on the part of the Respondent No. 3 cannot be held as detrimental to the Petitioners who, without any fault attributable to them, have been diligently pursuing the proceedings before the Respondent No. 3, as observed above.

Having examined the relevant provisions of the Registration Act and applying the above principles of law as laid down by the Supreme Court, we are of the considered opinion that the time taken by Respondent No. 3 – Collector of Stamps for adjudication is required to be excluded by the Respondents in accepting the said Indenture of Lease dated 14th July 2017, for registration. The said document ought to have been registered, in accordance with law.

Leave a Reply

Your email address will not be published. Required fields are marked *

I HAVE READ THE DISCLAIMER AND AGREE TO IT.

User Acknowledgement

By proceeding further and clicking on the "AGREE" button herein below, I acknowledge that I of my own accord wish to know more about LegalDeli for my own information and use. I further acknowledge that there has been no solicitation, invitation or inducement of any sort whatsoever from LegalDeli or any of its members to create an Attorney-Client relationship through this knowledge site. I further acknowledge having read and understood the Disclaimer below.

Disclaimer
About: This knowledge-site (www.LegalDeli.in) is owned and operated by LegalDeli (“LD”), and is a resource for your informational and educational purposes only.

No Warranty: LD does not warrant that any content or information contained on this knowledge-site is accurate, correct, complete or up-to-date, and hereby disclaims any and all liability to any person for any actual or threatened loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or otherwise. LD assumes no liability for the interpretation and/or use of the content and/or information contained on this knowledge-site, nor does it offer any warranty of any kind, either expressed or implied in relation to such content or information.

Third-Party Links: LD does not intend that links / URLs contained on this knowledge-site re-directing users to third party websites be considered as referrals to, endorsements of, or affiliations with any such third party website operators. LD is not responsible for, and makes no representations or warranties, express or implied, about the content or information contained on such third party websites to which links may be provided on this knowledge-site.

No Legal Advice: By clicking ‘I agree’ and proceeding further, you acknowledge, represent and undertake that you on your own accord wish to know more about LD, its capabilities and research content and information contained on the knowledge-site, for your own knowledge and personal use. The content and information contained on this knowledge-site should not be construed as nor relied upon as legal advice. You as a reader or recipient of content or information contained in this knowledge-site should not act, nor refrain from acting, based upon any or all of such content or information, but should always seek the advice of competent legal counsel licensed to practice the relevant law in the appropriate jurisdiction.

No Attorney-Client Relationship: This knowledge-site is not intended to be and you should not consider the content or information contained therein to be an advertisement, solicitation, inducement or invitation for an Attorney-Client relationship. Transmission, receipt or use of this knowledge-site, including content and information contained therein, does not constitute nor create an Attorney-Client relationship between LD and you.