Section Text
E. Duty by whom payable
In the absence of an agreement to the contrary, the expense of providing the proper stamp shall be borne,-
(a) in the case of any instrument described in any of the following Articles of the Schedule, namely:-
No. 2 (Administration Bond),
No. 6 (Agreement relating to deposit of title deeds, pawn or pledge),
No. 12 (Bond),
No. 13 (Bottomry Bond),
No.1[23] (Customs Bond),
No.2[27] (Further charge),
No.3[29] (Indemnity Bond),
No.4[34] (Mortgage Deed),
No.5[45] (Release),
No.6[46] (Respondentia Bond),
No.7[47] (Security Bond or Mortgage Deed),
No.8[48] (Settlement)
No.9[52](a) (Transfer of Debentures, being marketable securities, whether the debenture is liable to duty or not),
No.10[52](b) (Transfer of any interest secured by a bond, mortgage deed or policy of insurance),by the person drawing, making or executing such instrument;
(b) in the case of a conveyance (including a reconveyance of mortgaged property) by the grantee; in the case of a lease or agreement to lease - by the lessee or intended lessee;
(c) in the case of a counterpart of lease - by the lessor;
11[(ca) in the case of Power of attorney - by the principal;
(d) in the case of an instrument of exchange-by the parties in equal shares;
12[(dd) in the case of a certificate of enrolment in the roll of Advocates maintained by the State Bar Council by the Advocate enrolled;]
(e) in the case of a certificate of sale - by the purchaser of the property to which such certificate relates; and
(f) in the case of an instrument of partition - by the parties thereto in proportion to their respective shares in the whole property partitioned, or, when the partition is made in execution of an order passed by a revenue authority or Civil Court or aribitrator in such proportion as such authority, Court or arbitrator directs.
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1. Substituted by Act No. 29 of 1962, w.e.f. 1-10-1962 for the figure "22".
2. Substituted by Act No. 29 of 1962, w.e.f. 1-10-1962 for the figure "26".
3. Substituted by Act No. 29 of 1962, w.e.f. 1-10-1962 for the figure "28".
4. Substituted by Act No. 29 of 1962, w.e.f. 1-10-1962 for the figure "33".
5 . Substituted by Act No. 29 of 1962, w.e.f. 1-10-1962 for the figure "44".
6 . Substituted by Act No. 29 of 1962, w.e.f. 1-10-1962 for the figure "45".
7 . Substituted by Act No. 29 of 1962, w.e.f. 1-10-1962 for the figure "46".
8 . Substituted by Act No. 29 of 1962, w.e.f. 1-10-1962 for the figure "47".
9 . Substituted by Act No. 29 of 1962, w.e.f. 1-10-1962 for the figure "51".
10. Substituted by Act No. 29 of 1962, w.e.f. 1-10-1962.
11. Inserted by Act No. 24 of 1999, dated 18-8-1999.
12. Inserted by Act No. 29 of 1962 (1-10-1962).