In Gujarat: How much can a lease be written on stamp paper? Here is a table of stamp duty rates in Gujarat for different documents and agreements. www.switchme.in/blog/2015/02/know-stamp-duty-registration-buying-house/ stamp duty varies from 4.9% of the total cost of real estate. It depends on different factors such as the location of the property, the type of property, the status of the property and the gender. In the case of a transfer from an agent to a beneficiary or from an agent to another agent, an enhanced stamp duty must be paid, unlike normal transfers. If a bank holds shares as collateral and has them transferred in its name, a special stamp duty at a reduced price must be paid. d. How stamp duty is to be paid: extrajudicial stamp documents are usually used for the execution of legal documents such as the deed of sale, the deed of rental, etc. In some cases, adhesive pads are used; (z.B. for notarial shares, share transfer fees.
After the Telgi scam, the francization of the value of the stamp on the instrument was used. Having examined the above-mentioned framework for the collection of stamp duty, we now focus on the issue of stamp duty in the transfer of shares. Legal issues related to the payment of stamp duty when transferring shares a. Who is subject to the transfer of shares? Section 29 of the Stamps Act provides that in the absence of an agreement to the contrary, the costs of making available the stamp in due form in the event of a transfer of shares in a public limited company shall be borne by the persons who execute the document. In the event of a transfer of shares of a company, the seller is responsible for the payment of stamp taxes (Union of India vs. Kulu Valley Transport Ltd. (1958) 28 Comp. Cas 29). The buyer is not subject to stamp tax simply because an act of transfer of shares must be performed by both the contemptuous and the buyer. (Gr Parry vs Union of India (1962) 32 Comp.
Case 145). Section 17 of the Stamp Act specifies that any taxable instrument must be stamped before the instrument is signed. It therefore states that the donor is required to bear stamp duty. In practice, however, we note that it is always the buyer who marks the share transfer stamps on the instrument at the time of filing the same for the registration of the transfer in his favour. Some companies follow the practice of requiring payment of deficit tax and addressing the shortage after receiving the money. Some may defend this action as an investor service. It would be legally correct for a defective delivery document to be returned with a memo. b. When does stamp duty have to be paid? In accordance with Article 17 of the Stamps Act, stamp duty or stamp duty must be affixed before or at the time of execution of the act of transmission. Section 108 of the Companies Act 1956 states that no company may register for a transfer of shares unless an appropriate deed of transfer duly stamped and performed by or on behalf of the contemptuous and assignee has been given to the company.
What is "properly executed"? Under Article 2(12) of the Stamp Law, `exported` means `signed`. Therefore, the term "enforcement" includes the signatures of all the persons who must sign the deed of transmission, namely the assignor and the assignee. To be designated as a duly executed act of transmission, in addition to the signatures of the contemptuous and the buyer, other requirements, such as information about the buyer, witness certificate, date of execution and payment of stamp duty, must be met on the prescribed form. . . .