29. Directions as to duty in case of certain conveyances.
(1)[Where the whole of the property has been contracted to be sold] [These words were substituted for the words 'Where any property has been contracted to be sold for one consideration for the whole', by Gujarat 21 of 1982, section 11(1)(a).], and is conveyed to the purchaser in separate parts by different instruments, [the market value of the whole of the property shall be] [These words were substituted for the words 'the consideration shall be', by Gujarat 21 of 1982, section 11(1) (b).] apportioned in such manner as the parties think fit, provided that a distinct [market value] [These words were substituted for the word 'consideration', by Gujarat 21 of 1982, section 11 (1) (c).] 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 word 'consideration', by Gujarat 21 of 1982, section 11 (1) (c).].(2)[Where whole of the property contracted to be purchased] [These words were substituted for the words 'where property contracted to be purchased for one consideration for the whole' by the Gujarat 21 of 1982, section 11 (2) (a) w.e.f. dated 01-04-1982.] 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 to the persons, by or for whom the same was purchased, [***] [The words 'for distinct part of the consideration' were deleted, by Gujarat 21 of 1982, section 11(2) (b).], the conveyance of each separate part shall be chargeable with ad valorem duty [in respect of the market value of such part of the property] [These words were substituted for the words 'in respect of the distinct part of the consideration therein specified', by Gujarat 21 of 1982, section 11(2) (c).].(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 consideration for the sale,' by Gujarat 21 of 1982, section 11(3).] 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 whole property conveyed by the original seller; and the conveyance of the residue (if any) of such property to 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 beginning with the words 'in respect only of the consideration paid by such sub-purchaser' and ending with the words 'Considerations paid by the sub-purchasers', by Gujarat 21 of 1982, section ll(4)(a).]Provided that notwithstanding anything contained in [article 20] [These word and figures were substituted for the word and figures 'Article 27' by Gujarat 21 of 1982, section 11 (4)(b)(i) w.e.f. dated 01-04-1982.] of Schedule I the duty on such last mentioned conveyance shall in no case be less than [one hundred rupees] [These words were substituted for the words 'eight rupee' by Gujarat Act 14 of 2006, Section 4 w.e.f. 1-4-2006.].(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 according to the market value of the property so conveyed 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 so conveyed or where such duty exceeds [one hundred rupees] with a duty of [one hundred rupees.] [Sub-section (5) was substituted, by Gujarat 21 of 1982, section 11(5).][Sub-Section (2A) and (2B) were inserted by Gujarat 7 of 1999 Section 3.](E)Duty by whom Payable
