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Table of Contents
The Kerala Stamp Act, 1959
The Kerala Stamp Act, 1959Â is a law that governs the use of stamps in the state of Kerala, India. It specifies the types of instruments that require stamping, the amount of stamp duty payable, and the procedures for stamping instruments.
The Act defines an “instrument” as any document that is used to create, transfer, or terminate a legal right or obligation. Some of the common types of instruments that are subject to stamp duty under the Act include:
- Sale deeds
- Mortgage deeds
- Gift deeds
- Wills
- Powers of attorney
- Agreements
- Promissory notes
- Bills of exchange
- Cheques
The amount of stamp duty payable on an instrument depends on its nature and value. The Act provides a schedule that lists the different types of instruments and the corresponding stamp duty rates.
The Act also specifies the procedures for stamping instruments. Instruments can be stamped at any of the designated government offices, such as the Collector’s office or the Registration office. The stamp duty can be paid in cash or by cheque.
The Act also provides for penalties for non-compliance. If an instrument is not stamped, it is inadmissible in evidence and the person who executed the instrument may be liable to a fine.
Stamp Duty in Kerala
| Document | Explanation | Stamp Duty |
|---|---|---|
| Acknowledgement of a debt | A written acknowledgment of owing a debt. | Rupee 1 |
| Administration Bond | A bond filed by administrators of an estate. | Two rupees fifty paise for every Rs. 100 or part there of the amount or value or secured |
| Adoption Deed | Legal document formalizing the adoption of a person. | Rs. 50 |
| Affidavit | A written statement of facts sworn to be true. | Rs. 10 |
| Agreement or Memorandum of an Agreement | A contract between parties outlining terms and conditions. | Rs. 15 |
| Appointment in Execution of Power | Document appointing someone to execute a power. | Rs. 75 |
| Appraisement or Valuation | Document relating to the appraisal or valuation of property. | Rs. 30 |
| Apprenticeship Deed | Agreement outlining terms of an apprenticeship. | Rs. 10 |
| Articles of Association of a Company | Document detailing regulations for a company’s operation. | Rs. 1000 |
| Articles of Clerkship | Document related to a clerk’s articles of training. | Rs. 500 |
| Award | Legal decision or judgment by an arbitrator. | Rs. 30 + 1.50 for every 1000 |
| Bill of Exchange | Written order to pay a certain amount to a specific party. | Two rupees fifty paise for |
| every Rs. 100 | ||
| Bond | Agreement with specified financial obligations. | Two rupees fifty paise for every Rs. 100 |
| Bottomry Bond | Bond related to maritime law, involving ship and cargo. | Two rupees fifty paise for every Rs. 100 |
| Cancellation | Document cancelling a previous agreement or transaction. | Rs. 100 |
| Certificate or Other Document | General term for various types of certificates. | Rs. 0.50 |
| Charter Party | Agreement for hiring a whole or part of a ship. | Rs. 5 |
| Composition Deed | Agreement settling terms of debt repayment. | Rs. 100 |
| Conveyance | Transfer of property ownership. | Rs. 6 on Every Rs. 100 |
| Conveyance in the nature of part performance | Conveyance showing partial transfer. | Rs. 8 on Every Rs. 100 |
| Copy or extract | Duplicate copy or extract of a document. | Rs. 10 |
| Counterpart or duplicate | Duplicate or counterpart of an original document. | Rs. 15 |
| Customs Bond | Bond related to customs duties or taxes. | Rs. 5 for every Rs. 100 |
| Divorce | Legal dissolution of a marriage. | Rs. 10 |
| Certificate of enrolment in the roll of advocates | Enrolment as a legal practitioner. | Rs. 250 |
| Lease | Legal agreement for property use. | Explained Here |
| Letter of allotment of shares | Letter confirming allocation of shares in a company. | Rupee 1 |
| Letter of Credit (Letter of Guarantee) | Financial instrument to ensure payment to a third party. | Rupee 1 |
| Letter of License | Document granting a license for certain actions. | Rs. 1 |
| Memorandum of association of a company | Legal document outlining company’s constitution. | Rs. 1000 |
| Notarial Act | Act performed by a notary public, often involving oaths. | Rs. 15 |
| Note or Memorandum | Written note or memorandum of a transaction. | Rs. 0.75 |
| Partnership Deed | Agreement outlining terms of partnership. | Rs. 100 |
| Dissolution of Partnership | Document regarding the dissolution of a partnership. | Rs. 100 |
| Power of Attorney | Authorization to act on someone’s behalf. | Rupee 1 apart from attorney to sell any immovable property |
| Surrender of Lease | Document surrendering a lease agreement. | Rs. 1 |
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