Stamp duty applicability
Anamika
(Querist) 24 October 2011
This query is : Resolved
Hi,
Please tell me whether a development agreement needs to be stamped ????
This agreement is not registered under the Registration Act. If not duly stamped would it not be admitted in the court as an evidence ??????
Please reply asap.
Thanx.
Anamika
Devajyoti Barman
(Expert) 24 October 2011
In West Bengal it is not a compulsorily registrable document.
So check whether in your State it is so or not.
ajay sethi
(Expert) 24 October 2011
where are you located? document needs to be stamped . if not stamped not admissible in evidence
Shailesh Kr. Shah
(Expert) 24 October 2011
In uttar pradesh, it is mandatory.
you have to state name of place to answer accordingly.
prabhakar singh
(Expert) 24 October 2011
Stamp duty law differs from state to state.
So better check with a local lawyer.
Shonee Kapoor
(Expert) 25 October 2011
It is not a fixed law for the country.
Ask local lawyers about the same.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M V Gupta
(Expert) 27 October 2011
In Maharashtra the Development agreement has to be stamped with duty as prescribed in Art. 5(g-a) read with Art.25(conveyance) of the Bombay Stamp ACt. It is also required to be registered.
Sri Vijayan.A
(Expert) 27 October 2011
If the agreement is not compulsorily registrable, as per registration rules of yor state, you need not to worry about stamp duty.
It is admissible as per evidence act and stamp act.
Sri Vijayan.A
(Expert) 27 October 2011
Please refere S.35 of Stamp Act which reads as below:
Instruments not duly stamped inadmissible in evidence, etc. –
No instrument chargeable with duty shall be admitted in evidence for any purpose by any
person having by law or consent of parties authority to receive evidence, or shall be acted upon,
registered or authenticated by any such person or by any public officer, unless such instrument is
duly stamped:
Provided that—
(a) any such instrument not being an instrument chargeable 1*[with a duty not exceeding
ten naye paise] only, or a bill of exchange or promissory note, shall, subject to all just
exceptions, be admitted in evidence on payment of the duty with which the same is
chargeable, or, in the case of an instrument insufficiently stamped, of the amount required
to make up such duty, together with a penalty of five rupees, or, when ten times the
amount of the proper duty or deficient portion thereof exceeds five rupees, of a sum equal
to ten times such duty or portion;
