3. stamps used in excess of the required value; and All documents not included in section 17 of the Registration Act 1908 have the possibility of optional registration, certain examples or instruments related to movable property. Leave A – is the BUYER (who is currently the landowner of the property, who is in a disposition approved by DTCP+, who is also the developer of this provision) and a partner of a non-registered partnership (B). Now the same parties want to complete a new rental deed for 9 years for the same property « A » with an increased rent and in June 2019 receive the same registration with stamp duty for an increased value. Q. Who is obliged to pay stamp duty to the buyer or seller in case of resale of the apartment? 12. Stamp rules in many states provide that if a person wishes to purchase stamp papers of a certain value and only one stamp paper of that value is not available, the stamp seller may provide a reasonable number of stamp papers required to form the indicated value; and that if more than one paper is issued as part of a single transaction, the stamp seller must provide sequential numbers. In some states, the rules also require confirmation from the stamp seller on stamping paper, certifying that a single sheet with the required value was not available and that, therefore, more than one sheet (indicating the number of sheets) was issued to determine the required stamp value. But India`s 1925 stamp rules, which apply to Tamil Nadu, contain no provision that stamp papers of the required value must be purchased together from the same seller with sequential serial numbers. The legislation simply provides that, in cases where two or more sheets of paper with engraved or embossed stamps are used to constitute the amount of tax on an instrument, part of that instrument is entered on each sheet so used. No other rules were brought to our attention that required the use of sequentially numbered stamped papers in the state of Tamil Nadu. The Stamp Act is a tax law designed to secure revenue for the state. In the absence of a provision requiring sequentially numbered stamped papers purchased on the same day and used for an instrument not intended for registration, a document cannot be declared invalid only because it is written on two stamped papers purchased by the same person at different times.
Even assuming that the use of such stamped papers constitutes an irregularity, the court can only consider the document to be misstamped, but it cannot invalidate the document solely for this reason. Even if an agreement is not signed on the required stamp paper, it is admissible as proof of payment of duties and penalties under the section of the Indian Stamp Act of 1899. If an agreement signed on plain paper could be admitted as evidence by paying duties and penalties, there is no reason why an agreement signed on two stamp papers, even if they were defective, could not be accepted against payment of duties and penalties. But the admissibility of a document as evidence and proof of the authenticity of such a document are various issues. Question 20. Prepare a brief note on the denotement duty [June 2008 (4 marks)] Answer: Designation of the tax [Article 16]: If the stamp duty payable on a particular instrument or the exemption of such an instrument depends on another instrument, if both are produced before the stamp collector, he may indicate on the first instrument and certify: the appropriate stamp duty is paid or no tax is due. Question 16. When can instruments be stamped with adhesive stamps under the Indian Stamps Act 1899? When and by whom can these adhesive stamps be cancelled? [Dec 2018 (5 markings)] Answer: Section 11 of the Indian Stamp Act, 1899 provides that the following instruments may be stamped with adhesive stamps, namely: (a) instruments which are not higher with a fee of up to 10 may be paid with the exception of bills of exchange due by any means other than on demand and bets drawn; (b) bills of exchange and promissory notes drawn or manufactured in India; (c) registration as a lawyer, vakil or advocate in the role of a high court; (d) notarial deeds; and (e) delegates b the approval of shares of a company or other legal entity. Question 32. `Once the document has been admitted as evidence, it may not be challenged subsequently in the same appeal on the ground that it is not subject to the appropriate stamp duty or without a stamp.` Discuss briefly by referring to the case law. [June 2016 (5 marks)] Answer: Misstamped instruments that are inadmissible as evidence [Section 35]: The defects of the misstamped instrument are as follows: 1) Inform me of the required stamp duty. 2) Let me know from whom stamp duty should be purchased.
(3) In the event of an extension of the bank guarantee, a stamp duty is required or the extension on the bank`s letterhead with the signatures of the authorized persons is sufficient. . . .
