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October 31, 2017

Comprative rate of stamp duty in Northern States


Art. No Description of Instrument Chandigarh J & K Stamp act SVT 1977 Haryana Himachal Pardesh (12th Jan 12) Punjab (12th May 2005)   
1 Acknowledgement of a debt, exceeding twenty rupees in amount or value, written or signed by, or on behalf of, a debtor in order to supply evidence of such debt, in any book (other than a Banker’s pass-book) or on a separate piece of paper when such book or paper is left in the creditor’s possession:
Provided that such acknowledgement does not contain any promise to pay the debtor any stipulation to pay interest or to deliver any goods or other property.
Five rupees Rs 10 Twenty-five paise. Twenty-five paise. Rs 50  
2 Administration Bond, including a bond given under section 6, of the Government Savings Bank Act, 1873, or section 29, 375 and 376 of the Indian Succession Act, 1925-   Rs 500        
Amount does not exceed 1000 The same duty as on Bond (No 15) for such amount. The same duty as on Bond (No 15) for such amount.   The same duty as on Bond (No 15) for such amount.  
In any other case Fifteen rupees. Fifteen rupees. Fifteen rupees. Fifteen rupees.  
3 Adoption-Deed, that is to say, any instrument (other than a Will), recording an adoption, or conferring or purporting to confer an authority to adopt.
 Advocate- See Entry as an Advocate (No. 30).
 Rs 200 Rs 500 Thirty seven rupees, fifty paise. Thirty seven rupees, fifty paise. Rs 500  
4 Affidavit, including an affirmation or declaration in the case of persons by law allowed to affirm or declare instead of swearing.
Exemptions
(a)     as a condition or enrolment under the Army Act, 1950; or Air Force Act, 1950;
(b)     for the immediate purpose of being filed or used in any court or before the officer of any Court; or
(c)  for the sole purpose of enabling any person to receive any pension or charitable allowance.
Five Rupees Rs 10 Rs 10 Three rupees. Rs 25  
5 Agreement or Memorandum of an Agreement, `          
(a)  if relating to the sale of a bill of exchange; Five Rupees Rs 1/10000 Forty paise. Forty paise. Rs 500  
(b)   if relating to the sale of a Government Security or share in any incorporated company or other body corporate; Subject to a maximum of twenty three rupees and fifty paise, twenty-five paise for every Rs.10,000 or part thereof of the value of the security or share. Rs 1/10000 max Rs 100 Subject to a maximum of twenty- two rupees and fifty paise, twenty-five paise for every Rs.10,000 or part thereof of the value of the security or share. Subject to a maximum of twenty- two rupees and fifty paise, twenty-five paise for every Rs.10,000 or part thereof of the value of the security or share. Rs 50/10000  
C) Relating to sale of immovable property       Two rupees, twenty-five paise. Rs 2000  
(d)  if not otherwise provided for. Three Rupees Rs 100 Two rupees, twenty-five paise.   Same as in Entry No 23   
Exemption
Agreement or memorandum of agreement-
(a) for or relating to the sale of goods or merchandise exclusively, not being a Note or Memorandum chargeable under No. 43;
(b) made in the form of tenders to the Central Government for or relating to any loan.

Agreement to Lease- See Lease (No. 35)
           
6 Agreement relating to Deposit of Title-Deeds, Pawn or Pledge, that is to say any instrument evidencing an agreement relating to-              
deposit of title-deeds or instrument constituting or being evidence of the title to any property whatever (other than a marketable security) or the pawn or pledge of movable property (where such deposit, pawn or pledge has been made by way of security for the repayment of money advanced or to be advanced by way of loan or an existing or future debt. As per Table 0.25% of the secured amount, subject to maximum rupees Five lakh          
a)       If such loan or debt is repayable on demand or more than 3 months from date of instrument evidencing the agreement.         0.05% of the secured amount, subject to the minimum of rupees one hundred and maximum rupees one thousand and duty rounded off to nearest rupees Ten.    
Where the loan amount is               
Upto  Chd (stamp duty)     Haryana   Punjab    
200 1     0.6   1    
400 2     1.2   2    
600 2     1.65   2    
800 2     1.95   2    
1000 3     2.75   3    
1200 4     3.3   4    
1600 5     4.2   5    
2500 7     6.3   7    
5000 13     12.75   13    
7500 19     18.75   19    
10000 25     24.45   25    
15000 38     37.95   38    
20000 50     40.95   50    
25000 62     61.95   62    
30000 77     67.05   77    
For every 10,000 in excess of 30,000 25     24.45   25    
b)       If such loan or debt is repayable in not more than 3 months from date of such instrument.  Half the duty in (a)         Half the duty in (a)  
Exemption              
Instrument of pawn or pledge of goods if unattested.              
Comments              
An agreement of hypothecation and question of stamp duty.-There is distinction between a transaction of hypothecation and a transaction of pledge. Because unlike a pledge where the possession of the goods pledged must pass on to the pawnee, no such possession passes on to the creditor in case of hypothecation. As the document in the present case, sought to create two rights in favour of the Bank, i.e. one pertaining to hypothecation of the property and the other pertaining to creation of attorneyship a total stamp of Rs. 11.50 was chargeable to in respect of the document under Sec. 5 of the Stamp Act. Thus the document has been duly stamped being neither a pledge nor a pawn but an agreement of hypothecation covered by Cl. (e) of Art. 5 of Sch. I to the Stamp Act with a covenant to confer rights of an attorney of the defendant on the plaintiff.              
Deed of Pawn or Pledge-There is no dispute between the parties, and rightly so, because even on a plain reading of Cl. 6 of the agreement it transpires that the possession of the goods hypothecated was to remain with the debtor itself. That being so, this deed cannot be held to be a deed of pawn or pledge so as to attract the mischief of Art. 6(2) of Sch. I to the Stamp Act.                
7 Appointment in execution of a Power, whether of trustees or of property movable or immovable, where made by any writing not being a will. Rs 38 Rs 100 Thirty seven rupees, fifty paise. Thirty seven rupees, fifty paise. Rs 38  
8 Appraisement or Valuation, made otherwise than under an order of the Court in the course of a suit-   Rs 100     Rs 15  
in every case.        
  Rs15 Rs15 Fifteen rupees.  
Exemptions        
(a)   Appraisement or valuation made for the information of one party only, and not being in any manner obligatory between parties either by agreement or of operation of law.        
(b)   Appraisement of crops for the purpose of ascertaining the amount to be given to a landlord as rent.        
9 Apprenticeship-Deed, including every writing relating to the service or tuition of any apprentice, clerk or servant placed with any master to learn any profession, trade or employment, not being articles of clerkship (No. 11). As in Schedule-I. Rs 100 As in Schedule-I. As in Schedule-I. As in Schedule-I  
Exemption  
Instruments of apprenticeship executed by a Magistrate under the Apprentices Act, 1850, or by which a person is apprenticed by or at the charge of, any public charity.  
10 Articles of Association of a Company,            
(a)  when the authorized capital of the company does not exceed one lac; Rs 60 Rs 1000 Sixty rupees. Sixty rupees. Rs 5000  
(b)  in other case.         Rs 10000  
  Rs 120 0.15% of nominal or increased share capital subject to Max Rs 5 lakh One hundred and twenty rupees. One hundred and twenty rupees.    
Exemption            
Articles of any Association not formed for profit and registered under section 25 of the Companies Act, 1956.            
See also Memorandum of Association of a Company (No. 39).            
11 Articles of Clerkship. As in Schedule-I.   As in Schedule-I. As in Schedule-I. As in Schedule-I.  
Assignment-See Conveyance (No. 23) Transfer (No. 62) and Transfer of Lease (No. 63), as the case may be. Rs 1000  
Attorney-See Entry as an  Attorney (No. 30), and  Power of Attorney (No. 48).    
Authority to Adopt- See Adoption-Deed(No. 3).    
12 Award, that is to say, any decision in writing by an arbitrator or umpire, not being an award directing a partition, on a reference made otherwise than by an order of the court in the course of a suit-   Rs 10/1000     Fifteen rupees.  
(a) where the amount or value of the property to which the award relates as set forth in such award, does not exceed Rs.5,000;          
(b) if it exceeds Rs. 5,000.       One hundred and twelve rupees, fifty paise.  
  Rs 15 Rs 15 Fifteen rupees.    
  Rs 113 Rs 100.15 One hundred and twelve rupees, fifty paise.    
13 Bill of Exchange. As in Schedule-I. Rs 0.06% 0f the amount of bill. As in Schedule-I. As in Schedule-I. As in Schedule-I.  
14 Bill of Lading (including a through bill of lading). As in Schedule-I.   As in Schedule-I. As in Schedule-I. As in Schedule-I.  
15 Bond, as defined by section 2(5), not being a debenture (No. 27), and not being otherwise provided for by this Act or by the Court-fees Act, 1870.   0.05% of the secured amount, subject to the minimum of rupees one hundred and maximum rupees one thousand and duty rounded off to nearest rupees Ten.        
      0.05% of the secured amount, subject to the minimum of rupees one hundred and maximum rupees one thousand and duty rounded off to nearest rupees Ten. Rs 20  
Bonds upto Rs 500       Rs 40  
Bonds upto Rs 1000 Rs 10     Rs 20  
For every 500 in excess of 1000 Rs 20 Rs 5.65      
  Rs 10 Rs 15      
See Administration Bond (No.2), Bottomry Bond (No.16), Custom Bond (No.26), Indemnity Bond (No.34), Respondentia Bond (No.56), Security Bond (No.57).   Rs 7.50      
Exemption          
Bond when executed by any person for the purpose of guaranteeing that  the local income derived from private subscription to a charitable dispensary or hospital or to any other object of public utility, shall not be less than a specified sum per mensem.          
16 Bottomry Bond, that is to say, any instrument whereby the master of a sea-going ship borrows money on a security of the ship to enable him to preserve the ship or prosecute her voyage. As per Table         0.05% of the secured amount, subject to the minimum of rupees one hundred and maximum rupees one thousand and duty rounded off to nearest rupees Ten.    
Where the amount or value secured does not exceed               
Upto  Chd (stamp duty)     Haryana   Punjab (stamp duty)  
10 1     1.15   1  
50 1     1.15   1  
100 2     1.15   2  
200 3     2.24   3  
300 4     3.45   4  
400 5     4.5   5  
500 6     5.65   6  
600 7     6.7   7  
700 8     7.99   8  
800 9     9   9  
900 11     10   11  
1000 12     11.24   12  
For every Rs 500 in excess of 1000 6     5.6   6  
17 Cancellation, Instrument of (including any instrument by which any instrument previously executed is cancelled) if attested and not otherwise provided for. Rs 15 Rs 100 Rs 15 Fifteen rupees. Rs 300  
See also Release (No. 55), Revocation of Settlement (No. 58-A), Surrender of Lease (No. 61), Revocation of Trust (No. 64-B).  
18 Certificate of Sale, (in respect of each property put up as a separate lot and sold), granted to the purchaser of any property sold by public auction by a Civil or Revenue Court, or Collector or other Revenue Officer. The same duty as other conveyance (no 23) for a consideration equal to the amount of purchase money only. The same duty as other conveyance (no 18) for a consideration equal to the amount of purchase money only. The same duty as other conveyance (no 23) for a consideration equal to the amount of purchase money only. 5.00% of the market value of the property or to the amount of purchase money, "whichever is higher", subject to the minimum of rupees one hundred and duty rounded off to nearest rupees Ten. The same duty as other conveyance (no 23) for a consideration equal to the amount of purchase money only.  
19 Certificate or other Document, evidencing the right or title of the holder thereof, or any other person, either to any shares scrip or stock in or of any incorporated company or other body corporate, or to become proprietor of shares, scrip or stock in or of any such company or body. Rs 10 Ra 1000 Forty paise. Forty paise. Rs 10  
20 Charter Party, that is to say, any instrument (except an agreement for the hire of a tug steamer), whereby a vessel or some specified  principal part thereof is let for  the specified purposes of the Charterer, whether it includes a penalty clause or not. Rs 15   Three rupees. Three rupees. Rs 15  
21 Cheque.       [****]. Omitted by Act No. 5 of 1927.    
22 Composition-Deed, that is to say, any instrument executed by a debtor whereby he conveys his property for the benefit of his creditors, or whereby payment of a composition or dividend on their debts is secured to the creditors, or whereby provision is made for the continuance of the debtor's business under the supervision of inspectors or under  letters of license, for the benefit of his creditors. Rs 30  Rs 500 Rs 30 Rs 30. Rs 30  
23 Conveyance, as defined by section 2(10) not being a Transfer charged or exempted under No. 62-            
where  the  conveyance  amounts  to  sale  of  immovable property.      
Exemption      
Assignment of copyright under the Copyright Act,1957, Section 18.      
Co-partnership-deed.-See Partnership(No. 46).      
Comment      
Conveyance of Property.-There is no difference between a case of retirement and that of dissolution. A partner stands on the same footing in relation to partnership as a co-owner. In the present case the document executed by the firm relinquishing the rights in favour of the former partner could only be a release. It was not a transfer having not been made in favour of a partner who had no interest in the property. The document executed does not transfer property, hence it was not a conveyance.      
  5.00% of the market value of the property or consideration amount, "whichever is higher", subject to the minimum of rupees one hundred and duty rounded off to nearest rupees Ten. Same as Haryana  
  Value/amount of such conveyance upto Rs Immovable Property Other Conveyance 7.00% (For Urban) 5% (For Rural) of the market value of the property.  Immovable Property Other Conveyance   Same as Haryana  
50 7 2 2.5 1.5  
100 13 3 5 3  
200 25 6 10 6  
300 38 9 15 9  
400 50 12 20 12  
500 63 15 25 15  
600 75 18 30 18  
700 88 21 35 21  
800 100 24 40 24  
900 113 27 45 27  
1000 125 30 50 30  
For every Rs 500 in excess of 1000 Rs 63 15 25 15  
23(A) Conveyance in the Nature of Part Performance, Contracts for the transfer of immovable property in the nature of part performance in any Union territory under section 53 A of the Transfer of Property Act, 1882.       As in Schedule-I.    
24 Copy or Extract, certified to be true copy or extract, by or by order of any public officer and not chargeable under the law for the time being in force relating to court fees-            
(i)       if the original was not chargeable with duty or if the duty with which it was chargeable does not exceed two rupees;         Rs 5  
  Rs 5 Rs 10 One rupee fifteen paise.  One rupee fifteen paise.    
(ii)  in any other case not falling within the provisions of section 6-A.            
       Three rupees.  Three rupees.    
Exemptions Rs 5          
(a)    Copy of any paper which a public officer is expressly required by law to make or furnish for record in any public office or for any public purpose.            
(b)    Copy of, or extract from, any register relating to births, baptisms, namings, dedications, marriages, divorces, deaths or burials.            
25 Counterpart or Duplicate, of any instrument chargeable with duty and in respect of which the proper duty has been paid-            
          Rs 5  
(a) if the duty with which the original instrument is chargeable does not exceed two rupees;   Rs 100        
  Rs 5   One rupees, fifteen paise. One rupees, fifteen paise.    
(b) in any other case not falling within the provisions of Section 6-A.            
      Three rupees. Three rupees.    
Exemption Rs 5          
Counterpart of any lease granted to a cultivator, when such lease is exempted from duty.            
Comment            
Whether the stamp duty payable is payable on a counterpart.-Article 25 of the First Schedule to the Indian Stamp Act simply states the stamp duty payable on a counterpart or on a duplicate. Hence, an unstamped counterpart can be validated by payment of proper stamp duty and penalty therefore.            
26 Customs-Bonds,   Rs 500 As on Bond (No15)      
Bonds upto Rs 1000 As on Bond (No15) Rs 15 Fifteen rupees. As on Bond (No15)  
in every other case. Rs 15     Rs 40  
27 Debenture,  (where  a  mortgage  debenture  or  not),  being  a marketable security transferable-   0.05%/year for the face value of debenture, subject to a maximum of 0.25% or Rs 25 laks whichever is lower.         
(a)                 by endorsement or by a separate instrument of transfer;       As in Schedule-I.   
  As in Schedule-I.  As in Schedule-I.  As in Schedule-I.  As in Schedule-I.  
(b)                 by delivery. As in Schedule-I. As in Schedule-I. As in Schedule-I.    
           
Explanation.- The term “Debenture” includes any interest coupons attached thereto, but the amount of such coupons shall not be included in estimating the duty.          
           
Exemption          
A debenture issued by an incorporated company or other body corporate in terms of a registered mortgage-deed, duly stamped in respect of the full amount of debentures to be issued thereunder, whereby the company or body borrowing makes over, in whole or in part their property to trustees for the benefit of the debenture holders; provided that the debentures so issued are expressed to be issued in terms of the said mortgage-deed.          
See also Bond (No.15) and sections 8 and 55; Declaration of any trust-See Trust (No.64).          
27A Court order based on Mutual consent of parties in case involving transfer of an immovable property         2% of value of property  
28 Delivery Order in respect of Goods, Deposit of Title-Deeds- See Agreement Relating to Deposit of Title-Deeds, Pawn or Pledge (No. 6). Rs 5 Rs 10 Twenty five paise Twenty-five rupees. Rs 5  
Dissolution of Partnership.- See Partnership (No.46).  
29 Divorce,  Instrument  of-  that  is to  say,  any  instruments by which any person effects the dissolution of his marriage. Rs 30 Rs 100 Thirty rupees. Thirty rupees. Rs 30  
Dower, Instrument of- See Settlement (No. 58).  
Duplicate, See Counterpart (No.25).  
30 Entry as an Advocate, Vakil or Attorney on the Roll of the High Court-            
(a) in the case of an Advocate or Vakil; Rs 750 Rs 1000 Rs 750 Rs 750 Rs 750  
(b) in the case of an Attorney.            
Exemption            
Entry as an Advocate, Vakil or Attorney on the roll of any High Court, when he has previously been enrolled in any other High Court.            
31 Exchange of Property, Instrument of- Same duty as other Conveyance (No 23) as levied by this act for a consideration equal to the value of property of greatest value as setforth in such instrument.  Same duty Conveyance (No 18) on the market value of the property. Same duty as other Conveyance (No 23) as levied by this act for a consideration equal to the value of property of greatest value as setforth in such 0.05% of the higher value of exchanged property, subject to the minimum of rupees one hundred and maximum rupees one thousand and duty rounded off to nearest rupees Ten. Same duty as other Conveyance (No 23) as levied by this act for a consideration equal to the value of property of greatest value as setforth in such instrument.   
Extract.- See Copy (No.24).  
32 Further Charge, Instrument of, that is to say, any instrument imposing a further charge on mortgaged property- The same duty as a mortgage deed with possession (No 40(a)) for the amount of the further charge secured.  Same duty Conveyance (No 18) on the market value of the property. The same duty as a mortgage deed with possession (No 40(a)) for the amount of the further charge secured.    The same duty as a mortgage deed with possession (No 40(a)) for the amount of the further charge secured.   
      5.00% of the market value of the property or consideration amount, "whichever is higher", subject to the minimum of rupees one hundred and duty rounded off to nearest rupees Ten.    
(a)     if at the time of execution of the instrument of further charge, the possession of the property is given or agreed to be given under such instrument; The same duty as a mortgage deed with possession (No 40(a)) for the amount of the further charge secured. The same duty as a mortgage deed with possession (No 40(a)) for the amount of the further charge secured.   The same duty as a mortgage deed with possession (No 40(a)) for the amount of the further charge secured.  
      0.05% of the secured amount, subject to the minimum of rupees one hundred and maximum rupees one thousand and duty rounded off to nearest rupees Ten.    
  The same duty as a Bond (No 15) for the amount of further charge secured by the instrument. The same duty as a Bond (No 15) for the amount of further charge secured by the instrument.   The same duty as a Bond (No 15) for the amount of further charge secured by the instrument.  
(b)       if possession is not so given.          
33 Gift, Instrument of- not being a Settlement (No. 58) or Will or Transfer (No. 62). Same duty as other Conveyance (No 23) as levied by this act for a consideration equal to the value of property as set forth in such instrument.  Same duty Conveyance (No 18) on the market value of the property which is subject matter of gift.  Same duty as other Conveyance (No 23) as levied by this act for a consideration equal to the value of property as set forth in such instrument. 5.00% of the market value of the property, subject to the minimum of rupees one hundred and duty rounded off to nearest rupees Ten. Same duty as other Conveyance (No 23) as levied by this act for a consideration equal to the value of property as set forth in such instrument.  
Hiring Agreement or Agreement for Service.- See Agreement (No. 5).  
34 Indemnity Bond, Same duty as a security bond (No 57) for the same amount. Same duty as security bond (No 49) for the same amount. Same duty as a security bond (No 57) for the same amount.      
    Same duty as a security bond (No 57) for the same amount.  
in every case. Fifteen Rupees.    
Inspectorship-deed-See Composition-deed (No. 22).      
35 Lease, including an under-lease or sub-lease and any agreement to let or sublet-   1% of the amount payable for lease upto 1 year.   5.00% of the market value of the leased property, subject to the minimum of rupees one hundred and duty rounded off to nearest rupees Ten. (a)     Same  duty as Bond (no 15) for whole amount payable or deliverable under such lease.  
    2% of the amount average annual rent reserved 5 year     (b)    Same duty as other conveyance (No 23).  
        Formula for calculating (c)      Same duty as other conveyance (No 23).  
(a)       Lease deed upto 5 years (a)     Same  duty as Bond (no 15) for whole amount payable or deliverable under such lease.   (a)     Same  duty as Bond (no 15) for whole amount payable or deliverable under such lease. the stamp duty on Lease Deeds :-    
(b)      where the lease purports upto one hundred years or exceeding hundred years; (b)    Same duty as other conveyance (No 23). Same duty Conveyance (No 18) on the market value of the property which is subject matter of gift. (b)    Same duty as other conveyance (No 23). 5% × Market Value ×(Period of Lease)    
  (c)      Same duty as other conveyance (No 23).   (c)      Same duty as other conveyance (No 23). 100    
        5.00% of the market value of the leased property or the whole lease amount which would be paid or delivered under such lease, if any,    
(c)      where the lease purports in perpetuity and does not purport to be for any definite term and time.            
Exemption       "whichever is higher, subject to the minimum of rupees one hundred and duty rounded off to nearest rupees Ten.    
Lease, executed in the case of a cultivator and for the purposes of cultivation (including a lease of trees for the production of food or drink) without the payment or delivery of any fine or premium, when a definite term is expressed and such term does not exceed one year or when the average annual rent reserved does not exceed one hundred rupees.            
In this exemption a lease for the purposes of cultivation shall include a lease of lands for cultivation together with a homestead or tank.            
Explanation- When a lessee undertakes to pay any recurring charge such as Government revenue, the land-lords share of cesses, or the owner’s share of municipal rates or taxes, which is by law recoverable from the lessor, the amount so agreed to be paid by the lessee shall be deemed to be part of the rent.            
Comments            
Any agreement to let-Whether amounts to a lease.- Article 35 would indicate that it is not only a lease which is covered by this Article, but also any agreement to let. An agreement to let need not be a lease. In order to determine whether in any given case, it is reasonable to infer the existence of agreement one gas to see if one party has made an offer and the other party has accepted the same. To constitute an agreement, it is necessary that the intention of the parties must be definite and common on both. This can be achieved if the terms and condition are expressly arrived at or could impliedly be found.            
36 Letter of Allotment of Shares. Rs 5 Rs 10 Thirty paise. Thirty paise. Rs 15  
37 Letter of Credit. As in Schedule-I Rs 10 As in Schedule-I. As in Schedule-I. As in Schedule-I.  
   
Letter of Guarantee-See Agreement (No.5).  
38 Letter of License, that is to say, any agreement between a debtor and his creditors that the latter shall, for a specified time, suspend their claims and allow the debtor to carry on business at his own discretion. Rs 30  Rs 500 Thirty rupees. Thirty rupees. Rs 30   
39 Memorandum of Association of a Company-            
(a)   if accompanied by articles of association under section 26, 27 and 28 of the Companies Act, 1956; Rs 500 Rs 500 Sixty rupees. Sixty rupees. Rs 500  
(b)      if not so accompanied.   Same as for articles of association.         
  Rs 1000   One hundred and fifty rupees. One hundred and fifty rupees. Rs 1000  
Exemption            
Memorandum of any association not formed for profit and registered under section 25 of the Companies Act, 1956.            
40 Mortgage-Deed, not being an agreement relating to deposit of Title-deeds, Pawn or Pledge (No. 6), Bottomry Bond (No. 16), Mortgage of a crop (No. 41), Respondentia Bond, (No. 56), or Security Bond (No. 57),-   Same duty Conveyance (No 18) on the market value of the property which is subject matter of gift.   5.00% of the market value of the    
(a) when possession of the property or any part of the property comprised in such deed is given by the mortgagor or agreed to be given; property or consideration amount, "whichever is higher", subject to the minimum of rupees one hundred and duty rounded off to nearest rupees Ten.  
     
Value/amount of such conveyance upto Rs  Stamp duty Stamp duty      
50 4 3   2  
100 8 6 4  
200 16 12.5 8  
300 24 18 12  
400 32 25 16  
500 40 31.5 20  
600 48 37.5 24  
700 56 43.5 28  
800 64 50 32  
900 72 56.25 36  
1000 80 62.5 40  
For every Rs 500 in excess of 1000 Rs 40 31.25 15  
b) when possession is not given. b) The same duty as a Bond (No 15) for the amount of further charge secured by the instrument 0.5% of amount secured by suchdeed , max Rs 10 lakh b) The same duty as a Bond (No 15) for the amount of further charge secured by the instrument 0.05% of the secured amount, subject to the minimum of rupees one hundred and maximum rupees one thousand and duty rounded off to nearest rupees Ten. b) The same duty as a Bond (No 15) for the amount of further charge secured by the instrument  
Explanation.- A mortgagor who gives to the mortgage a Power-of-Attorney to collect rents or a lease of the property mortgaged or part thereof is deemed to give possession within the meaning of this article.  
Exemption  
Instrument, executed by persons taking advances under the Land Improvement Loans Act, 1883, or the Agriculturists Loans Act, 1884, or by their sureties as security for the repayment of such advances.  
Comment  
Undertaking affidavit whether could be charged as a mortgage-deed.- The undertaking affidavit has to be charged as a mortgage deed, which has to suffer stamp duty as prescribed under Art. 40 of Suh. I to the Indian Stamp Act. Thus Art. 40 and not Art. 57 of Suh. I to the Stamp Act is the appropriate article applicable to the instant case.  
41 Mortgage of a Crop, including any instrument evidencing an agreement to secure the repayment of a loan made upon any mortgage of a crop, whether the crop is or is not in existence at the time of the mortgage-   Rs 10        
(a)       when the loan is repayable not more than three months from the date of the instrument-          
for every sum secured not exceeding Rs.200;          
and for every Rs.200 or part thereof secured in excess of Rs.200. Rs 1 Fifteen paise. Fifteen paise. Rs 1  
(b)     when the loan is repayable more than three months, but not more than eighteen months, for the date of the instrument- Rs 1  Fifteen paise.  Fifteen paise.    
        Rs 1  
for every sum secured not exceeding Rs.100; Rs 1 Thirty paise.  Thirty paise.  Rs 1
and for every Rs.100 or part thereof secured in excess Rs.100. Rs 1 Thirty paise. Thirty paise.  Rs 1
42 Notarial Act, that is to say, any instrument, endorsement, note, attestation certificate or entry not being a Protest (No. 50) made or signed by a Notary Public in the execution of the duties of his office, or by any other person lawfully acting as a Notary Public. Rs 15 Rs 10 Four rupees, fifty paise. Four rupees, fifty paise. Rs 45  
See also Protest of bill or note (No. 50).  
43 Note  or  Memorandum,  sent  by  a  broker  or  agent  to  his principal the purchase or sale on account of such principal-   Rs 1/10000 of the value of security.        
(a)  of any goods exceeding in value twenty rupees;   Forty paise.      
  Rs 5   Forty paise. Rs 5  
(b)    of  any  stock  or  marketable  security  exceeding  in  value twenty rupees.   Thirty paise, for every Rs.10,000 or part thereof of the value of the stock or security, Subject to a maximum of rupees thirty.      
  Rs 5 for every Rs 10000 or part thereof of the value of stock or security.   Thirty paise, for every Rs.10,000 or part thereof of the value of the stock or security, Subject to a maximum of rupees thirty. Rs 5 for every Rs 10000 or part thereof of the value of stock or security.  
44 Note of Protest by the Master of a Ship. Rs 5    Seventy-five paise. Seventy-five paise. As in schedule I  
45 Partition, Instrument of as defined by section 2(15). The same duty as a Bond (No 15) for the amount of the value separated share or shares of the property.  2% of the amount of market value of the separated share or shares of the property. The same duty as a Bond (No 15) for the amount of the value separated share or shares of the property. 0.05% of the separated share of property, subject to the minimum of rupees one  hundred and maximum rupees one thousand and duty rounded off to nearest rupees Ten. The same duty as a Bond (No 15) for the amount of the value separated share or shares of the property.  
   
N.B.- The largest share remaining after the property is partitioned (or, if there are two or more shares of equal value and not smaller than any of the other shares, then one of such equal shares) shall be deemed to be that from which the other shares are separated  
46 Partnership-   .        
A. Instrument of-            
(a)   where the capital of the partnership does not exceed Rs.500; Rs 4 Rs 1000 Three rupees, seventy-five paise.  Three rupees, seventy-five paise.  Rs 4  
      Twenty-two rupees, fifty paise.      
(b)    in any other case. Rs 25 2% of value subject to max Rs 5000 Fifteen rupees Twenty-two rupees, fifty paise. Rs 1000  
B. Dissolution of- Rs 15 Same duty Conveyance (No 18) on the market value of the property which is subject matter of gift.   Fifteen rupees Rs 50  
Pawn or Pledge-See Agreement relating to Deposit of Title- Deed, Pawn or Pledge (No.6)            
47 Police of Insurance.   Rs 10 As in Schedule-I. As in Schedule-I. As in Schedule-I.  
48 Power of Attorney (as defined by section 2(21), not being a Proxy (No. 52),-            
(a)     when executed for the sole purpose of procuring the registration of one or more documents in relation to a single transaction or for admitting execution of one or more such documents;          
  Rs 5 One rupee, fifty paise. One rupee, fifty paise. Rs 500  
(b)   when required in suits or proceedings under the Presidency Small Cause Courts Act, 1882;          
(c)    when authorizing one person or more to act in a single transaction other than the case mentioned in clause (a); Rs 5        
    One rupee, fifty paise. One rupee, fifty paise. Rs 500  
(d)   when authorizing not more than five persons to act jointly and severally in more than one transaction or generally;          
  Rs 15 Three rupees. Three rupees. Rs 1000  
(e)    when authorizing more than five but not more than ten persons to act jointly and severally in more than one transaction or generally;          
  Rs 75 Fifteen rupees. Fifteen rupees. Rs 1000  
(f)    when given for consideration and authorizing the attorney to sell any immovable property;          
  Rs 150  Thirty rupees.  Thirty rupees.    
(g)  in any other case.          
        Rs 2000  
Explanation.-For the purposes of this article more persons than one when belonging to the same firm shall be deemed to be one person. The same duty as a Conveyance (No.23) as levied by this Act for the amount of consideration. The same duty as a Conveyance (No.23) as levied by this Act for the amount of consideration. The same duty as a Conveyance (No.23) as levied by this Act for the amount of consideration.    
        The same duty as a Conveyance (No.23) as levied by this Act for the amount of consideration.  
N.B.- The term "registration" includes every  operation, incidental to registration under the Indian Registration Act, 1908.   Three rupees for each person authorized.      
  Rs 15   Three rupees for each person authorized. Rs 350  
49 Promissory Note. As in Schedule-I. Rs 10 As in Schedule-I. As in Schedule-I. As in Schedule-I.  
50 Protest of Bill or Note, that is to say, any declaration in writing made by a Notary Public or other person lawfully acting as such, attesting the dishonor of a Bill of Exchange or promissory note. Rs 15 Rs 10 Three rupees. Three rupees. Rs 15  
51 Protest by the Master of a Ship. As in Schedule-I.   As in Schedule-I. As in Schedule-I. As in Schedule-I.  
52 Proxy. As in Schedule-I. Rs 10 As in Schedule-I. As in Schedule-I. As in Schedule-I.  
53 Receipt. As in Schedule-I. Rs 2 As in Schedule-I. As in Schedule-I. As in Schedule-I.  
54 Re-Conveyance of Mortgaged Property-   Rs 500        
    Where the consideration does not exceed Rs 1000 The same duty as a Conveyance (No.23) as levied by this Act for the amount of consideration. The same duty as a Conveyance (No.23) as levied by this Act for the amount of consideration.   The same duty as a Conveyance (No.23) as levied by this Act for the amount of consideration.  
IN other case          
  Rs 45 Rs 45   Rs 45  
(a)  if the re-conveyance relates to immovable property situate within a Municipality, Cantonment Board, Small Town or Notified Area;          
        Forty-five rupees. Rs 30  
(b)     in other case. Rs 30   Thirty rupees.    
55 Release, that is to say, any instrument (not being such a release as is provided for by section 23-A) whereby a person renounces a claim upon another person or against any specified property-   2% on market value of the share of the property over which claim is relinquished. Fifteen rupees.      
      Same duty as for Conveyance deed  
Where the claim does not exceed Rs 1000 The same duty as a Conveyance (No.23) as levied by this Act for the amount of consideration. Fifteen rupees.    
         
in every case. Rs 15      
         
Comments        
A release deed-whether can transfer title.- A release deed would not be effective to transfer title. A release deed can only feed title but cannot transfer title.        
Renunciation or relinquishment.- If the appellant had no title to the property at the time of renunciation except the off- chance of succeeding by survivorship  to the estate after the death of his father, the renunciation or relinquishment under the deed would not clothe him with any title to the property. Renunciation must be in favour of a person, who had already title to the estate, the effect of which is only to enlarge the right.        
56 Respondentia Bond, that is to say, any instrument securing a loan on the cargo laden or to be laden on board a ship and making repayment contingent on the arrival of the cargo at the port of destination. The same duty as bottomary bond (No 16) for the amount of loan secured.    The same duty as bottomary bond (No 16) for the amount of loan secured 0.05% of the secured amount, subject to the minimum of rupees one hundred and maximum rupees one thousand and duty rounded off to nearest rupees Ten. The same duty as bottomary bond (No 16) for the amount of loan secured.  
Revocation of any Trust or Settlement-See Settlement (No.58) trust (No.64).  
57 Security-Bond or Mortgage Deed, executed by way of security for the due execution of an office, or to account for money or other property  received by virtue thereof, or executed by a surety to secure the due performance of a contract or the due discharge of a liability-   Rs 500        
Where the amount secured does not exceed Rs 1000       The same duty as a Bond (No 15) for the amount of the value of amount secured.  
in every case. The same duty as a Bond (No 15) for the amount of the value of amount secured. The same duty as a Bond (No 15) for the amount of the value of amount secured.      
        Rs 40  
Exemption Rs 15 Rs 15      
Bond or other instrument when executed-          
(a)     by any person for the purpose of guaranteeing that the local income derived from private subscriptions to a charitable dispensary or hospital or any other object of public utility, shall not be less than a specified sum per mensem;     Fifteen rupees.    
(b)     by persons taking advances under the Land Improvement Loans Act, 1883, or the Agriculturist’s Loans Act, 1884, or by their sureties, as security for the repayment of such advances;          
(c)     by officers of Government or their sureties to secure the due execution of an office, or the due accounting for money or other property received by virtue thereof.          
Comment          
Undertaking affidavit-Whether amounts to a mortgage deed.-The undertaking affidavit has to be charged as a mortgage deed, which has to suffer stamp duty as prescribed under Art 40 of Sch. I to the Indian Stamp Act. It was not correct to say that the affidavit merely disclosed an undertaking and if at all it was chargeable it could be only under Art. 57 (b) of Sch. I of the Indian Stamp Act.          
58 Settlement- The same duty as a Bond (No 15) for the sum equal to the amount or value of property settled as set forth in such settlement. 2% of market value of property settled.  The same duty as a Bond (No 15) for the sum equal to the amount or value of property settled as set forth in such settlement.      
A-Instrument of (including a deed of dower).   The same duty as a Bond (No 15) for the sum equal to the amount or value of property settled as set forth in the instrument of revocation but not exceeding Rs 30 0.05% of the settled property, subject to the minimum of rupees one hundred and maximum rupees one thousand and duty rounded off to nearest rupees Ten. The same duty as a Bond (No 15) for the sum equal to the amount or value of property settled as set forth in such settlement.  
           
Exemption The same duty as a Bond (No 15) for the sum equal to the amount or value of property settled as set forth in the instrument of revocation but not exceeding Rs 30        
Deed of dower executed on  the occasion of a  marriage between Muhammadans.       The same duty as a Bond (No 15) for the sum equal to the amount or value of property settled as set forth in the instrument of revocation but not exceeding Rs 60  
B-Revocation of-     Thirty rupees.    
See also Trust (No. 64).          
59 Share Warrants, to bearer issued under the Companies Act, 1956. The same duty as payable on a mortgage deed with possession [40(a)] for  the amount equal to the nominal amount of the shares specified in the warrant. Same duty Conveyance (No 18) on the market value of the property which is subject matter of gift. One and half times duty as payable on a mortgage deed with possession [40(a)] for  the amount equal to the nominal amount of the shares specified in the warrant. The same duty as payable on a mortgage deed with possession [40(a)] for  the amount equal to the nominal amount of the shares specified in the warrant. 1.5 times the duty payable on a mortgage deed with possession [40(a)] for  the amount equal to the nominal amount of the shares specified in the warrant.  
   
   
   
Exemptions  
Shares warrant when issued by a company in pursuance of the Companies Act, 1956, section 114, to have effect only upon payment, as composition for that duty, to the Collector of stamp- revenue of-  
(a)  one-and-a-half per centum of the whole subscribed capital of the company; or  
(b)    if any company which has paid the said duty or composition in full, subsequently issues an addition to its subscribed capital-one-and-a-half per centum of the additional capital so issued.  
60 Shipping Order. Rs 5 Rs 10 Fifteen paise. Fifteen paise. Rs 5  
61 Surrender of Lease- Rs 15 Rs 500        
in every case. Fifteen rupees. Fifteen rupees. Rs 15  
         
Exemption        
Surrender of lease, when such lease is exempted from duty.        
62 Transfer, (whether with or without consideration)-            
(a)     of shares in an incorporated company or other body corporate; As in Schedule-I. Rs 0.25/100 for value of shares As in Schedule-I. As in Schedule-I. As in Schedule-I.  
(b)    of debentures, being marketable securities, whether the debenture is liable to duty or not, except debentures provided for by section 8;   Rs 0.50/100 for value of shares        
  One-half of the duty payable on a debenture (No.27) for a consideration equal to the face amount of the debenture.   One-half of the duty payable on a debenture (No.27) for a consideration equal to the face amount of the debenture. One-half of the duty payable on a debenture (No.27) for a consideration equal to the face amount of the debenture. One-half of the duty payable on a debenture (No.27) for a consideration equal to the face amount of the debenture.  
  the duty with which such bond, mortgage-deed or policy of insurance is chargeable subject to maximum of Rs five hundred rupees.   One-half of the duty with which such bond, mortgage-deed or policy of insurance is chargeable subject to maximum of seventy- five rupees. One-half of the duty with which such bond, mortgage-deed or policy of insurance is chargeable subject to maximum of seventy- five rupees. the duty with which such bond, mortgage-deed or policy of insurance is chargeable subject to maximum of Rs five hundred rupees.  
(c)    of any interest secured by a bond, mortgage-deed or policy of insurance;     Twenty-two rupees, fifty paise. Twenty-two rupees, fifty paise.    
    The same duty as a Bond (No 13) for such amount of value of the interest subject to maximum Rs 500.        
      Eleven rupees, twenty-five paise or such smaller amount as may be chargeable  under  clauses  (a)  to Eleven rupees, twenty-five paise or such smaller amount as may be chargeable  under  clauses  (a)  to    
      (c) of this article. (c) of this article. Rs 50  
  Rs 50       Rs 50  
(d)  of any property under the Administrator-General's Act, 1913, Section 25;            
  Rs 50          
(e)  of any trust-property without consideration from one trustee to another trustee, or from a trustee to a beneficiary.            
Exemption            
Transfers by endorsement-            
(a)  of a bill of exchange, cheque or promissory note;            
(b)      of a bill of lading, delivery order, warrant for goods, or other mercantile document of title to goods;            
(c)    of a policy of insurance;            
(d)    of securities of the Central Government.            
See also Section 8.            
63 Transfer of Lease, by way of assignment, and not by way of under lease. The same duty as a Conveyance (No. 23) as lived by this Act, for a consideration equal to the amount of the consideration for the transfer. Same duty Conveyance (No 18) on the market value of the property which is subject matter of gift. The same duty as a Conveyance (No. 23) as lived by this Act, for a consideration equal to the amount of the consideration for the transfer. The same duty as a Conveyance (No. 23) as lived by this Act, for a consideration equal to the amount of the consideration for the transfer. The same duty as a Conveyance (No. 23) as lived by this Act, for a consideration equal to the amount of the consideration for the transfer.  
Exemption  
Transfer of any lease exempt form duty.  
63A Transfer of Right or interest relating to an immovable property, that is to say, transfer of a right or interest realting to immovable property (Excludes original allotment from developmental authority and transfer through inheritance)         2% of the value of property.   
64 Trust-            
A. Declaration of-of,  or concerning any property when made by any writing not being a will.   2% f market value of property settled.   Forty-five rupees. Rs 90  
  Rs 45 Rs 500 Rs 45      
B. Revocation  of-of,  or  concerning  any  property  when made by any instrument other than a Will.       Thirty rupees.    
See also Settlement (No. 58), Valuation-See Appraisement (No. 8), Vakil-See Entry as Vakil (No.30). Rs 30   Rs 30   Rs 60  
Comment            
Religious or charitable endowment-Whether fall within the purview of the Trusts Act.-Religious or charitable endowments, whether public or private, do not fall within the purview of the Trusts Act. Article 64 of the Stamp Act provides for the levy of stamp duty on trust. Accordingly, Art. 64 cannot be pressed into service in case which deals with charitable trusts.            
65 Warrant for Goods, that is to say, any instruments evidencing the title of any person therein named, or his assigns, or the holder thereof, to the property in any goods lying in or upon any dock, warehouse or wharf, such instrument being signed or certified by or on behalf of the person in whose custody such goods may be. Rs 5 Rs 10 One rupee, fifteen paise. One rupee, fifteen paise. Rs 5  

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