29. Direction as to duty in case of certain conveyances.
(1)Where any property has been contracted to be sold for one consideration for the whole, and is conveyed to the purchaser in separate parts by different instruments, the [market value] [These words were substituted for the words 'consideration' by Maharashtra 16 of 1979, Section 5(a) (w.e.f. 4-7-1980).] shall be apportioned in such manner as the parties think fit, provided that a distinct [market value] [These words were substituted for the words 'consideration' by Maharashtra 16 of 1979, Section 5(a) (w.e.f. 4-7-1980).] for each separate part is set forth in the conveyance relating thereto, and such conveyance shall be chargeable with ad valorem duty in respect of such distinct [market value] [These words were substituted for the words 'consideration' by Maharashtra 16 of 1979, Section 5(a) (w.e.f. 4-7-1980).].(2)Where property contracted to be purchased for one consideration for the whole, by two or more persons jointly, or by any person for himself and others, or wholly for others, is conveyed in parts by separate instruments of the persons, by or for whom the same was purchased, for distinct parts of the consideration, the conveyance of each separate part shall be chargeable with ad valorem duty in respect of the distinct part [in respect of the market value of such part of the property] [These words were substituted for the words 'of the consideration therein specified' by Maharashtra 16 of 1979, Section 5(a) (w.e.f. 4-7-1980).].(3)Where a person, having contracted for the purchase of any property but not having obtained a conveyance thereof, contracts to sell the same to any other person and the property is in consequence conveyed immediately to the sub-purchaser, the conveyance shall be chargeable with ad valorem duty [in respect of the market value of the property at the time of sale] [These words were substituted for the words 'in respect of the consideration for the sale' by Maharashtra 16 of 1979, Section 5(c) (w.e.f. 4.7.1980).] by the original purchaser to the sub-purchaser.(4)Where a person having contracted for the purchase of any property but not having obtained a conveyance thereof contracts to sell the whole or any part thereof, to any other person, or persons, and the property is in consequence conveyed by the original seller to different persons in parts the conveyance of each part sold to a sub-purchaser shall be chargeable with ad valorem duty [in respect only of the market value of the part sold to the sub-purchaser, without regard to the amount of the market value of the property conveyed by the original seller, and the conveyance of the residue (if any) of such property to the original purchaser shall be chargeable with ad valorem duty in respect of the market value of such residue:] [This portion was substituted for the portion begiffning with words 'in respect only of the consideration paid by the such sub-purchaser' and ending with the words 'considerations paid by the sub-purchaser by Maharashtra 16 of 1979, Section 5(d) (w.e.f. 4.7.1980).]Provided that notwithstanding anything contained in Article 25 of Schedule I the duty on such last mentioned conveyance shall in no case be less than [ten rupees] [These words were substituted for the words 'three rupees' by Maharashtra 27 of 1985, Section 15(a) (w.e.f. 10.12.1985).].(5)[ Where a sub-purchaser takes an actual conveyance of the interest of the person immediately selling to him, which is chargeable with ad valorem duty in respect of the market value of the property which is the subject matter of the conveyance and is duly stamped accordingly, any conveyance to be made afterwards to him in respect of the same property by the original seller shall be chargeable with a duty equal to that which would be chargeable on a conveyance for the market value of the property which is the subject matter of the conveyance or where such duty exceeds [fifty rupees] [Sub-section (5) was substituted for the original by Maharashtra 16 of 1979, Section 5(e) (w.e.f. 4.7.1980).] with a duty of [fifty rupees] [These words were substituted for the words 'seven rupees and fifty paise' by Maharashtra 27 of 1985, Section 15(b), (w.e.f. 10-12-1985).].](E)Duty by whom payable
