4. Several Instruments used in single transaction of [development agreement] [These words added by Maharashtra 32 of 2005, Section 3 (w.e.f. 7-5-2005).] sale, mortgage or settlement.
(1)Where, in the case of any [development agreement] [These words added by Maharashtra 32 of 2005, Section 3 (w.e.f. 7-5-2005).] sale, mortgage or settlement, several instruments are employed for completing the transaction, the principal instrument only shall be chargeable with the duty prescribed in Schedule-I for the conveyance, [development agreement] [These words added by Maharashtra 32 of 2005, Section 3 (w.e.f. 7-5-2005).] mortgage or settlement, and each of the other instruments shall be chargeable with a duty of [one hundred rupees] [These words were substituted for the words 'twenty rupees' by Maharashtra 13 of 2004, Section 3, (w.e.f. 1-7-2004).] instead of the duty (if any) prescribed for it in that Schedule.(2)The parties may determine for themselves which of the instruments so employed shall, for the purposes of sub-section (1), be deemed to be the principal instrument.(3)[ If the parties fail to determine the principal instrument between themselves, then the officer before whom the instrument is produced may, for the purposes of this section, determine the principal instrument:] [Sub-section (3) was inserted by Maharashtra 27 of 1985, Section 4(b), (w.e.f. 10.12.1985).]Provided that the duty chargeable on the instrument so determined shall be the highest duty which would be chargeable in respect of any of the said instruments employed.
