ANITA KUMAR vs AJAY KUMAR SINCE DECEASED THROUGH LRS & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 12.08.2025 Judgment pronounced on: 26.08.2025 + FAO(OS) 130/2024 & CM APPL. 53492/2024 ANITA KUMAR .....Appellant Through: Ms. Hetu Arora Sethi, Mr. Siddarth Agarwal and Mr. Nirmal Prasad, Advs. versus AJAY KUMAR SINCE DECEASED THROUGH LRS & ORS. .....Respondents Through: Mr. Ankur Mahindro, Mr. Adhirath Singh, Ms. Raymon Singh, Mr. Aditya Varun Bhatt, Advs. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. The present Appeal has been filed, assailing the correctness of an interlocutory order passed on 01.04.2024 [hereinafter referred to as ‘Impugned Order’], whereby the learned Single Judge has ordered impounding of the relinquishment deed, executed by a mother in favour of her son, on account of deficient stamp duty by treating it as a gift deed. Signature Not Verified FAO(OS) 130/2024 Page 1 of 12 Signed By:JAI NARAYAN Signing Date:26.08.2025 15:28:59 2. The present dispute arises from the property bearing No. E9/10, Vasant Vihar, New Delhi – 110057 [hereinafter referred to as ‘suit property’]. A perpetual Sub-lease Deed, dated 02.01.1970, of the suit property, was executed in favour of Late Sh. V.K. Gupta and Late Smt. Saroj K. Gupta. Thereafter, on the unfortunate demise of Late Sh. V.K. Gupta, his share in the suit property was mutated in favour of Late Smt. Saroj K. Gupta (Respondent/Defendant No. 3 therein), Sh. Uday K. Gupta (Respondent/Defendant No. 2 therein), Late Sh. Sanjay Kumar (Plaintiff’s late husband) and Late Sh. Ajay Kumar (Respondent/Defendant No. 1 therein). 3. Late Smt. Saroj K. Gupta, vide the registered Relinquishment Deed, relinquished her 12.5% share in the suit property in favour of her son, Late Sh. Sa