Without registration paying of stamp duty does not have any meaning the stamp duty is 9ne of requisite for registration, just by paying the requisite fees does not mean it is registered.

So the dhan param is not valid still if there is a written instrument then it shall have the evidencary value in case of suit.

gift deed has to be duly stamped and registered to be admissible in evidence

2) mere stamping of gift deed is not sufficient

You can take a stay for the said notice from court and complete the registration process.

The danapatram, must have been duly stamped and registered.

Not having been registered, renders it as inadmissible in Court.

Having said that, take your chance by challenging the notice received by the Endowments Dept. in the High Court on the grounds suggested by your local lawyer and seek a stay on the same.

Dear Sir,

The State Government has ample powers to notify any temple and its properties as that of endowment property. The general public and devotees of temple may file objections with the Government or approach High Court.

If the proper stamp duty has not been paid then the gift deed is not valid

Yes, it is valid.

Hi

1) Since the stamp duty on Dhanapatram is paid, the dhanapatram will be deemed to be valid, despite the fact that the Dhanapatram was not registered, as it is not mandatory that donation of properties for construction of temple to be registered as mandated by transfer of property act.

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2) Also given the fact that the temple originally was a private temple and subsequently it was donated to another temple and that the same has been managed for last 26 years by people to whom the temple is donated, in the eyes of law, the temple will continue to be a private temple.

3) Department of endowments cannot claim that the temple is public temple and claim possession.

4) Please refer to land mark judgment pronounced by the Supreme Court in Radhakanta Deb v. Commissioner of Hindu Religious Endowments, Orissa wherein it recommended the following tests to determine whether the temple is of a private or of a public nature:

(a) Where the origin of the endowment cannot be ascertained, the question whether the user of the temple by members of the public is as of right;

(b) The fact that the control and management vests either in a large body of persons or in the members of the public and the founder does not retain any control over the management. Allied to this may be a circumstance when the evidence shows that there is provision for a scheme to be framed by associating the members of the public at large;

(c) Where, however, a document is available to prove the nature and origin of the endowment and the recitals of the document show that the control and management of the temple is retained with the founder or his descendants, and that extensive properties are dedicated for the purpose of the maintenance of the temple belonging to the founder himself, this will be a conclusive proof to show that the endowment was of a private nature;

(d) Where the evidence shows that the founder of the endowment did not make any stipulation for offerings or contributions to be made by members of the public to the temple, this would be an important intrinsic circumstance to indicate the Private nature of the endowment.

Hope this information is useful.

The unregistered dhanapatram is not valid but if the stamp duty has been paid then it can be taken up as evidence in court.

A strong reply notice denying all the allegations by the endowment department should be issued and a mandatory injunction suit is to be filed immediately to restrain the endowment department from forcibly taking over this other than by due process of law.

It is valid after got it impounding