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Arun Kumar (N/A)     13 March 2016

Indian stamp act 1899 section 16

Dear Experts,

My mother and our neigbor exchanged a portion of their agriculture property in 2012(located in Tamil Nadu). Since only one document is drafted and registered, that original document is currently with our neigbor. But in the document, it is mentioned something like this. Party 'A' (our neighbor) should keep the original document with him. Party 'B' can get the certified copy of the document as per Indian Stamp Act 1899 Section 16.

 

But Indian Stamp Act 1899 Section 16 says

"SECTION 16: DENOTING DUTY
Where the duty with which an instrument is chargeable, or its exemption from duty, depends in any manner upon the duty actually paid in respect of another instruments, the payment of such last mentioned duty shall, if application is, made in writing to the Collector for that purpose, and on production of both the instruments, be denoted upon such first mentioned instrument by endorsement under the hand of the Collector or in such other manner (if any) as the State Government may by rule prescribe."

If my mother wants to mortgage or sell the property, does she not require the original document? And also I am not able understand the full context of the above given section 16. Can somebody help?

 

 

 

 

 

 



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