Section 17(2)(vi) of the Registrar Act – Compromise in divorce petition
The petitioner – husband moved the Supreme Court for transfer of divorce petition from Family Court, Bandra, Mumbai to the Delhi Court.
During the mediation, the parties filed separate applications under Article 142 of the Constitution of India for dissolution of marriage by mutual consent.
The husband agreed to relinquish the ownership of the flat to the wife and the wife agreed not to claim any alimony.
In that context, the Supreme Court has examined the question whether the exclusive title of the flat can be transferred to the wife without stamp duty.
HELD that the flat in question is the subject matter of the compromise and consequently forms part of the proceedings before the Supreme Court. Hence, the exclusion provided by Section 17(2)(vi) of the Registration Act, 1908, will apply and the registration of flat in the exclusive name of wife would be exempted from stamp duty. The Sub-Registrar was directed to register the flat in the exclusive name of wife as its owner.
Order dated 28.2.2025 of the Supreme Court of India in Transfer Petition [Civil] No.875 of 2024 of Arun Rameshchand Arya Vs. Parul Singh
