The Document Was Never Stamped. The Court Gave Him A Chance To Fix It.
A document intended to transfer a one-seventh share has been treated as an agreement for sale — on condition that the stamp duty assessed on it is deposited.
The Court directed the trial judge to give the plaintiff an opportunity to deposit the stamp duty assessed on the document, treating it as an agreement for sale of the one-seventh share intended to be transferred. On deposit within the time granted, the trial judge is to pass a decree for specific performance. In default, the suit shall be dismissed. The exercise is to conclude preferably within two months.
- An unstamped document is not a dead document — duty can be paid and the instrument used.
- Its character was recast, from the transfer intended to an agreement for sale of that share.
- The condition is absolute. No deposit, and the suit stands dismissed.
- Two months from the trial court records arriving.
- Court
- High Court at Calcutta
- Bench
- Justice HON'BLE JUSTICE SABYASACHI BHATTACHARYYA, Justice HON'BLE JUSTICE SANDIP KUMAR DE
- Citation
- F.A. No. 120 of 2025
- Case
- F.A. No. 120 of 2025
- Decided
- 3 September 2026
- Outcome
- Appeal decided on terms; decree to follow on deposit of stamp duty
The condition
The trial judge is to grant the plaintiff an opportunity to deposit the stamp duty assessed on the document, treating it as an agreement for sale of the one-seventh share of the property intended thereby to be transferred.
What follows either way
On such deposit being made within the time granted or extended by the trial judge, the trial judge shall pass a decree for specific performance of the contract comprised in that document, in favour of the plaintiff.
In default of payment, the suit shall be dismissed by the trial judge.
The exercise is expected to be concluded as expeditiously as possible, preferably within two months of the trial court records reaching that court. The records are to be sent down by special messenger at the appellant's cost, deposited within a week, and interim orders stand vacated.
Who argued it
Appearances as recorded in the judgment of the Court.
Frequently asked
Can I still rely on an unstamped agreement?
Generally yes, on payment of the duty assessed. Here a decree for specific performance follows the deposit.
What if I do not pay?
The suit stands dismissed by the trial judge, without any further order.
Salvaging a claim founded on an unstamped document
- Get the duty assessed early rather than resisting the objection; the instrument is usable once duty is paid.
- Be ready to argue what the document actually is — here it became an agreement for sale.
- Diarise the deposit deadline; default dismisses the suit without further order.
- Arrange transmission of the trial court record promptly, since the two-month clock starts when it arrives.
Source. High Court at Calcutta, F.A. No. 120 of 2025, decided 3 September 2026 by Justice HON'BLE JUSTICE SABYASACHI BHATTACHARYYA, Justice HON'BLE JUSTICE SANDIP KUMAR DE. This explainer is written from the judgment text as reported.
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