Stamp duty on family arrangement

Mr Tripathi There is nothing llike a family arrangement of property. the Indian Stamp Act, Speaks only about Instrument of Partition( See. Sec.2(15)) of the Act. Similarly in Schedule I, Art 45, the stamp duty is being given, as Bond Under Art.15. If you come to the A.P.Stamp Amendment the same is found at Article 40where it was stated that the stamp duty is as one under Bottomary Bond.

Coming to the word "Conveyance", this will not cover a partition or family arrangement. In A.P.An amendment was brought to the said definition in 1998(23-4-1998) Where one of the Explanations is " An instrument whereby a co-owner of any property transfers his interest to another co-owner of the property and whic is not an instrument of partition ......

Hence Partition is not covered under the said definition. It has got an independent identity. If it a case of past family settlement, or a partition list evidencing only recording of a past family arrangement, then some of the dictums say that the same is not liable for any stamp duty. In this connection I invite a decision of A.P High Copuort i.e 1982(20 ANDHRA LAW TIMES. P. 384.

I hope I have answered your querry in detail.  If you have any thing to opine, please feel free to comment.

Mr Tripathi There is nothing llike a family arrangement of property. the Indian Stamp Act, Speaks only about Instrument of Partition( See. Sec.2(15)) of the Act. Similarly in Schedule I, Art 45, the stamp duty is being given, as Bond Under Art.15. If you come to the A.P.Stamp Amendment the same is found at Article 40where it was stated that the stamp duty is as one under Bottomary Bond.

Coming to the word "Conveyance", this will not cover a partition or family arrangement. In A.P.An amendment was brought to the said definition in 1998(23-4-1998) Where one of the Explanations is " An instrument whereby a co-owner of any property transfers his interest to another co-owner of the property and whic is not an instrument of partition ......

Hence Partition is not covered under the said definition. It has got an independent identity. If it a case of past family settlement, or a partition list evidencing only recording of a past family arrangement, then some of the dictums say that the same is not liable for any stamp duty. In this connection I invite a decision of A.P High Copuort i.e 1982(20 ANDHRA LAW TIMES. P. 384.

I hope I have answered your querry in detail.  If you have any thing to opine, please feel free to comment.

 please refer to the bombay H>C> decision in the case of ABDUL BALWA Vs. S.O.M.(102 B.L.R.)