conveyance because according to Section 2(10) of the Indian Stamp Act,
1899 (Stamp Act , for short) "Conveyance" includes a conveyance on sale
unregistered sale deed requires
payment of stamp duty applicable to
deed of conveyance.
B. Stamp Act, 1899 - S.35 - for any
purpose admissibility of insufficiently ... Stamp Act, 1899 (the Act). The
unregistered deed of sale is an
instrument which requires payment of
the stamp duty applicable to a deed
possession delivered, the
provisions of Registration Act and Section 33 and 35 of Indian
Stamp Act, 1899 do not apply. Last clause ... conveyance as per Article 23A of Schedule 1 of Indian Stamp Act
1899 is not payable on such document.
26. It has been held
parties. As such, both documents
require stamp duty under the Indian Stamp Act, 1899 and registration under
the Registration Act, 1908 . As Exhibits ... which, Act No. XVI of 1864, or the Registration Act, 1866 , or
the Registration Act, 1871 , or the Registration Act, 1877 , or this Act came
Act, 2001 was enforced
with effect from 31.09.2001, whereby the Registration Act, 1908 ; Transfer
of Property Act, 1882 and the Indian Stamp Act, 1899 were ... Transfer of Property Act was amended in
tandem with the amendment of the Registration Act and the Indian Stamp
Act was also, accordingly, amended
file fresh
stamp papers in the Court of the required value or to deposit the
money-value of the required stamp duty, along with ... solve the
problem relating to registration. Under section 35 of the Stamp Act,
1899, an award which is unstamped or is insufficiently stamped is
inadmissible
Court to
pay the stamp duty.
7.The said application was opposed to by the plaintiff contending that
payment of stamp duty will not cure ... ambit, purport and scope of
Section 35 of the Indian Stamp Act, 1899 and Sections 17 and 49 of the
Registration Act, 1908. Both
require registration. Hence, the question of
payment of registration fee and stamp duty does not arise. By way of
abundant caution and at the cost ... Act, 1899 was amended by substituting the said
Article under the Act 19 of 2005 w.e.f. 01-08-2005 requiring proper
stamp duty
whereby, two applications, one under Section 35 of
the Indian Stamp Act, 1899 and another under Section 17 read
with Section 49 of the Registration
filed by the plaintiff is neither duly stamped
accordingly to the Indian Stamp Act, 1899 nor registered under the
Registration Act, 1908 and hence, same