Certain definitions under Indian Stamp Act, 1899

Additional Security - Where additional property is offered as security for the debt already received through a duly stamped deed of mortgage by way of further assurance, it is called 'Additional Security.  The duty is subject to a maximum of Rs.30 

Adhesive Stamp - There shall be two kinds of stamps for indicating the payment of duty on instruments (a) impressed stamps and (b) adhesive stamp.  

Adoption Deed - The ceremony of giving the child in adoption and taking the Child in adoption is called adoption. A deed recording the ceremony of giving and taking a child is called a deed of adoption.

Affidavit - Affidavit is a written statement on oath. It includes an affirmation or declaration in the case of persons allowed by law to affirm or declare instead of swearing. 

Agreement - An agreement is an instrument whereby the parties willfuly agree to perform certain acts or refrain from doing something unilaterally or bilaterally. 

Authentication" means recording the fact of execution of a power by the principal in the presence of the officer authenticating after proper identification Vide Registration Rule 49(1) 

Bill of Exchange - Bill of exchange is an instrument in writing containing an unconditional order signed by the maker, directing a certain person to pay a certain sum of money only to, or to the order of a certain person or to the bearer of the instrument ex. Cheque (Vide sec. 5 of the Negotiable Instruments Act 1981). It includes also a hundi and any other document entitling any person to payment by any other person of, or to draw upon any other person for, any sum of money. 

Chief Controlling Revenue Authority (C.C.R.A.) - The concerned Government may, by notification in Gazette appoint such authority a CCRA.

Codicil - Codicil is a supplement to a Will. When a testator wishes to make some alteration in his already executed Will he may do so by executing a Codicil to his Will. All the provisions of law, which apply to a Will, equally apply to the Codicil. 

Conveyance - Conveyance includes a conveyance on sale and every instrument and every decree or final order of any civil court, by which property, whether movable or immovable, or any estate or interest in any property is transferred to, or vested in or declared to be of any person, intervivos, and which is not otherwise specifically provided for in Sch.I or Sch.I-A as the case may be. 

Divorce - It is an instrument by which any person affects the dissolution of his/her marriage. 

Duly Stamped - Duly stamped as applied to an instrument means that the instrument bears an adhesive or impressed stamp of not less than the proper amount and that such stamp has been affixed or used in accordance with the law for the time being in force in India. 

Equitable Mortgage - Where a deposit 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 is called an agreement relating to deposit of title deeds, pawn or pledge or hypothecation as per Section 58 (f) of T.P. Act 1882.

Gift - Gift is the transfer of certain existing movable or immovable property made voluntarily and without consideration by the donor to the donee and accepted by or on behalf of the donee during the life time of the donor as per  Sec.2 (24), Art.29 of Indian Stamp Act, 1899 and Sec.122 of T.P. Act 1882.

Instrument  - 'Instrument' includes every document which any right, or liability is, or purports to be, created, transferred, limited, extended, extinguished or recorded. Unsigned draft document is not an in instrument.  A rectification deed which does not create etc., any right is not an instrument under Sec.2 (14) of Indian stamp Act.

Lease – A Lease of immovable property is a transfer of a right to enjoy such property in consideration of a price paid or promised or money, a share of crops, service or any other thing of value to be rendered periodically or on specified occasions to be paid by the lessee to the lessor. 

Mortgage Deed - The term "Mortgage Deed" includes every instrument whereby, for the purpose of securing money advanced or to be advanced by way of loan, or an existing or future debt, or the performance of an engagement, one person transfers, or creates to, or in favour of another, a right over, in respect of specified property as defined in Sec.58 of T.P.Act 1882 applies to immovable property alone while the definition in Stamp Act applies to movable properties also. 

Notary - A Notary is a duly appointed officer under the Notaries Act 1952 whose function is to draw, attest and certify deeds under his office seal to note or certify transaction relating to Negotiable Instruments.

Partition - Instrument of partition means any instrument whereby co-owners or coparceners of any property divide or agree to divide such property in severalty. It includes a final order for effecting a partition passed by any revenue authority or any Civil Court. It also includes an award by an arbitrator directing a partition, between the parties. "Agreement to Divide" is also a partition under this definition.

Partnership - Partnership is the relationship between persons who have agreed to share the profits or liabilities of a business carried on by all or any of them acting for all (Sec.4 of Indian Partnership Act 1932).

 Plural Transaction – Under Sec. 5 of IS Act, an instrument comprising or relating to distinct matters is called an instrument containing plural transactions chargeable with the aggregate of the duties with which separate instruments comprising each such matters would be chargeable, i.e.agreement of sale-cum GPA, Development agreement — cum GPA, Mortgage by conditional sale etc. 

Power of Attorney - Power of attorney includes any instrument empowering a specified person to act for and in the name of the person executing it. It means that the power of attorney holder is an authorized agent of its grantor to do all acts specified therein on behalf of the grantor in respect of the properties. It does not create any right or title or interest whether vested or contingent in favor of the holder which relates to the properties of the grantor. 

Authentication" means recording the fact of execution of a power by the principal in the presense of the officer authenticating, after proper identification (Vide Registration Rule 49(1). 

Promissory Note (Pronote) - A promissory note is an instrument in writing containing an unconditional undertaking signed by the maker to pay a certain sum of money only to, or the order of, a certain person or to the bearer. (Vide Sec. 4 of Negotiable Instruments Act.) 

Release - A deed of release is an instrument whereby a person renounces a claim having similar right or against any specified property in favour of another person or persons having pre- existing right over the said property 

Sale - Sale is not defined in Stamp Act. It is included in the definition of conveyance (Section 2(10)) as "Conveyance includes conveyance on Sale". Sale is a transfer of ownership in exchange for a price paid or promised or part paid and part promised (Section 54, T.P. Act. 1882) All Sales are conveyance but all conveyances are not sales. Conveyance for a "price" alone becomes a sale. 

Settlement - Settlement means a non-testamentary disposition in writing of movable or immovable property whether by way of declaration of trust or otherwise made (a) in consideration of marriage, (b) (c) for the purpose of distributing the property of the settlor among his family or those for whom he desires to provide or for providing for some person dependent on him or for any religious or charitable purpose. It includes an agreement in writing to make such a disposition. A deed of trust falls under the definition of Settlement unless the property was already vested in the beneficiary. 

Surrender of Lease - It is an instrument by which the lessee renounces his lease hold right for the unexpired portion of the lease period in favour of the lessor or his heirs holding rights in reversion.

Will - A will is a legal declaration of the intention of the testator (Person who executed the will) with respect to his / her property which he / she desire to be carried into effect after his / her death.  A Will can be in anybody's favour.  It requires no stamp. The will is always revocable or variable by the testator during his / her life time.