Supreme Court rules fishing rights deed is lease of immovable property

The case involves a dispute over whether a deed granting fishing rights for a period of three years constitutes a lease of immovable property, requiring registration and stamp duty under Indian law.

ZAKI ULLAH KHAN (Appellant) vs. STATE OF U.P. AND ORS. (Respondent); Bench not specified

• The Court held that the deed granting fishing rights amounts to a lease of immovable property, requiring registration and stamp duty.
• The Court referred to precedents including Anand Behera & Anr. v. State of Orissa & Anr. and Santosh Jayaswal & Anr. v. State of M.P. & Ors.
• The Court clarified that the right to catch fish is a 'profit a prendre' and thus an immovable property benefit arising from land.
• The Court noted that the licence was granted for a total period of three years, not less than one year, and thus requires registration and stamp duty.
• The Court distinguished the case from Farookh Ahmad (2025) on the grounds that the document must be read as a whole.

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