Stamp duty will not be imposed on the flat received by wife under agreement in matrimonial dispute, Supreme Court verdict

New Delhi: The Supreme Court has said that if the wife has been given a flat under the disposal of the matrimonial dispute, then the registration of that flat will not pay stamp duty. In fact, there was a reconciliation in a case related to divorce between husband and wife, in which the husband gave up his/her authority over the flat in favor of his/her wife. In return, the wife abandoned the claim of alimony. The apex court has exempted the flat given to the wife from the payment of stamp duty under the agreement in the marriage dispute.

The issue was decided in mediation

In the current case, the joint flat of both parties (husband and wife) was in the welfare of Maharashtra. Meanwhile, there was a marital dispute between the two. The wife filed for divorce in Bandra, Mumbai. The husband filed an application in the Supreme Court and requested to transfer the divorce case to Karkardooma Court in Delhi. The case was sent for mediation.

During the arbitration proceedings, a dispute arose over the claim on the flat in Mumbai. Both husband and wife claimed to contribute to its purchase. Finally there was an agreement in the case, under which the petitioner husband agreed to give up his/her rights on the flat. While the wife left the claim of alimony (Elimani) in return.

Important legal question before Supreme Court

After this, the case came in front of the bench of Justice Vikram Nath and Justice Sandeep Mehta. It also came before the court that the husband and wife had agreed to get divorced by mutual consent in the arbitration process. But the question before the Supreme Court was that under this agreement, the entire ownership of the flat could be transferred without paying a stamp duty in the name of the wife?

Supreme Court gave important legal system

The Supreme Court has given important legal arrangements on the question raised in this case. In its judgment on February 28, the apex court said that it is part of the flat agreement and for this reason it becomes the subject of proceedings in front of this court. In such a situation, the exemption given in the fee will be applicable under the Registration Act 1908 and payment of stamp fee will not be necessary for registration of the flat in the name of the wife.

Family disputes can be disposed of faster

This decision gives women a strong legal protection in terms of property rights. Legal procedures will be easier in such cases, which will dispose of family disputes faster. It is clear from the decision that if the transfer of any such property is part of the agreement approved by the court, then it can be exempted from stamp duty. This decision will be an important Nazir for other similar cases.