Priya Ranjan (Sr. Ex.Legal) 12 September 2008
when there is a Lease it can't be a gift as lease has monetary compliances with it whereas gift is given for affection . You canot gift something after receiving a price for it
Archit (Sr. Manager- Secretarial & Legal) 12 September 2008
Please see section 5 of the Indian Stamp Act, 1899. As per this section where one instrument relates to several distinct matters, stamp duty payable is aggregate amount of stamp duties payable on separate instruments.
Therefore in order to ascertain the total stamp duty payable on the instrument (since the instrument relates to more than one matter) you would have to add up the stamp duty payable on lease of property X and the stamp duty payable on the Gift of Property Y.
I hope this answers ur query.
BCom ACS LLB