Supreme Court has made several judgments on conveyance deeds in Maharashtra, including judgments on stamp duty, deemed conveyance, and the sale of land between tribals and non-tribals.
Stamp duty
The Supreme Court ruled that an agreement for sale that includes a clause to hand over possession of the property is considered a conveyance under the Maharashtra Stamp Act, 1958. This means that stamp duty is due when the agreement is executed.
The Supreme Court also ruled that an appellant who applied for a refund of stamp duty was not denied the refund due to limitation.
Deemed conveyance
The Supreme Court has clarified the conditions and controls for granting deemed conveyance under the Maharashtra Ownership Flats Act, 1963.
The Supreme Court has also ruled that a deemed conveyance cannot be denied if the flat purchase agreement mandates it.
Sale of land between tribals and non-tribals
The Supreme Court ruled that a tribal in Maharashtra can enter into an agreement to sell land to a non-tribal. The court also ruled that a suit for specific performance of the agreement can be decreed, but a previous sanction is required.
Conveyance Takes Place Only At Time Of Registration Of Sale Deed; Need For Sanction For Conveyance Doesn't Bar Agreement To Sell : Supreme Court
The Supreme Court observed that conveyance by way of sale would take place only at the time of registration of a sale deed in accordance with Section 17 of the Registration Act, 1908. Therefore, the Court held that there is no bar for a tribal in Maharashtra to enter into an agreement to sell and seeking advance sale consideration.
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