Sumit (Business) 22 March 2025
A partnership deed executed and notarized in Delhi on stamp paper of Rs.100 around 10 days ago.
Later it has been found that stamp duty as per Delhi stamp duty rules, must be equal to 1% of the capital introduced as per deed. So now how can we rectify this error.
Can we attach the required stamp duty non judicial stamp paper with the reference to the said partnership deed and get it notarized from same notary again.
Or a entirely new deed with reqd duty is better
Kindly suggest please.
T. Kalaiselvan, Advocate (Advocate) 22 March 2025
A partnership deed, whether registered or not, is subject to stamp duty as per the Indian Stamp Act, 1899.
You can purchase non-judicial stamp paper from designated vendors, which is a traditional method.
Alternately you can pay the stamp duty by Estamping also.
Sumit (Business) 22 March 2025
Thank you for your response Sir.
So effectively are you suggesting that only by adding the required stamp duty (through vendor or e-stamp) to the partnership deed document and again getting it notarize would suffice.
Kindly share your expert opinion on this aspect sir.
T. Kalaiselvan, Advocate (Advocate) 22 March 2025
Your understanding is right.
However it would be better you get it registered.
R.K Nanda (Advocate) 22 March 2025
Better make fresh deed with necessary stamp duty.
Sumit (Business) 22 March 2025
Thanks a lot for your expert opinion.
Dr. J C Vashista (Advocate ) 23 March 2025
Get a fresh deed be drafted and presented with appropriate stamp duty for registration with area sub-Registrar, as advised by learned experts, which I fully agree.
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