Mohanan vs Sub Registrar Office Of The Sub Registrar Kodaly

Unamended Sl.No. 42(a) of the Stamp Act,Amended Sl.No. 42(a) of the Stamp Act,,

Partition â€" Instrument of

(as defined by section 2(k)

(i) Where the partition is among

all or some of the family members","[One rupee for every rupees 100

or part thereof of the fair value of

the separated share or shares of

land and the value of other

properties in such separated

share or shares set forth in the

instrument or of the value of all

the properties of the separated

share or shares as set forth in the

instrument, whichever is higher,

subject to a maximum of rupees

1000]","42. Partition â€" Instrument

of (as defined by section 2(k)

 (i) Where the partition is

among all or any of the

members of the family and

legal heirs of the deceased

family member, if any","[Fifteen rupee for every rupees 10,000 or

part thereof of the fair value of the

separated share or shares of land and

the value of other properties in such

separated share or shares set forth in the

instrument or of the value of all the

properties of the separated share or

shares as set forth in the instrument,

whichever is higher, subject to a

minimum of rupees 1000].

(ii) in any other case

[Explanation â€" Family means

father, mother, grandfather,

grandmother, husband, wife, son,

daughter, grandchildren, brother,

sister and legal heirs of the

deceased children, if any, as the

case may be.]","[Six rupees for every rupees 100

or part thereof of the amount of

the value or fair value of the

separated share or shares of the

property, whichever is higher]",(b)in any other case,"[Six rupees for every rupees 100 or part

thereof of the amount of the value or fair

value of the separated share or shares of

the property, whichever is higher]