Bare ActsKerala Finance Act, 2013

Section 4

Amendment of Act 17 of 1959.--

Amendment status not verified — confirm the current text below against the official source.

In the Kerala Stamp Act, 1959 (17 of 1959),-- (1) in section 4, in sub-section (1), for the words "One hundred rupees", the words "Five hundred rupees" shall be substituted; (2) in section 28,-- (a) section 28 shall be renumbered as sub-section (1) thereof and in sub-section (1) so renumbered, for the words "The consideration, if any," the words "The Consideration, if any, the fair value of the land" shall be substituted; (b) after sub-section (1), so renumbered, the following sub-section shall be inserted, namely:-- "(2) In the case of instruments relating to immovable property chargeable with an ad valorem duty on the fair value of the land and property and not on the value set forth in the instrument or consideration, such instrument shall fully and truly set forth the value of all other properties including building, if any, in the land involved."; (3) in section 29,-- (a) in sub-section (1), the following words shall be added at the end, namely:-- "or on the fair value of each such separate part and value of all other properties therein including building, if any, whichever is higher."; (b) in sub-section (2), the following words shall be added at the end, namely:-- "or on the fair of such separate part and value of all other properties therein including building, if any, whichever is higher."; (c) in sub-section (3), the following words shall be added at the end, namely:-- "or on the fair value of the property and value of all other properties therein including building, if any, whichever is higher."; (4) in section 31, in sub-section (1), for the words "such amount not exceeding ten rupees and not less than one rupee as the Collector may in each case direct", the words "fifty rupees" shall be substituted; (5) in section 34, in clause (a) to the proviso, for the words "five rupees", occurring in both places, the words "ten rupees" and for the words "equal to ten times", the words "equal to twenty times" shall, respectively, be substituted; (6) in section 39, in clause (b) of sub-section (1), for the words "five rupees", occurring in both places, the words "ten rupees" shall be substituted; (7) in the SCHEDULE, -- (a) in serial number 10, for the entry in column (3), the following entry shall be substituted, namely:-- "Ten thousand rupees"; (b) in serial number 15, for the entry in column (3), the following entry shall be substituted, namely:-- "Five hundred rupees"; (c) in serial number 17, for the entry in column (3), the following entry shall be substituted, namely:-- "One rupee for every rupuees 1000 or part thereof, of the value of the share, scrip or stock, as the case may be." (d) for serial number 21 and the entries against it in columns (2) and (3), the following serial number and entries shall, respectively, be substituted, namely:-- "21. (i) Conveyance as defined in section 2(d) other than a conveyance specified in No. 22, not being a transfer charged or exempted under No. 55 Five rupees for every rupees 100 or part thereof of the fair value of the land or the amount or value of the consideration for such conveyance, whichever is higher. (ii) Conveyance as stated in (i) above in respect of the whole or portion of the property involved in the previous conveyance, when executed within a period of three months from the date of registration of such previous conveyance Two times the stamp duty paid in respect of the previous conveyance deed or the stamp duty payable under (i) above, whichever is higher. (iii) Conveyance as stated in (i) above in respect of the whole or portion of the property involved in the previous conveyance, when executed after three months and before six months from the date of registration of previous conveyance. One and a half times the stamp duty paid in respect of the previous conveyance deed or the stamp duty payable under (i) above, whichever is higher. Provided that if the conveyance relates to any transfer of undivided share of any land and refers to any agreement relating to the construction of any building or part of building including flat or apartment or room etc., the value of such building or such part of the building shall also be included in such consideration, and the stamp duty if any paid in respect of such agreement shall be deducted from the stamp duty payable for the conveyance. Explanation:-- The amount of two times the stamp duty or one and a half times the stamp duty, as the case may be, payable with respect to a portion or portions of the whole property involved in the previous conveyance shall be calculated proportionate to the stamp duty paid in the previous conveyance deed."; (e) for serial number 22, and the entries against it in columns (2) and (3), the following serial number and entries shall, respectively, be substituted, namely:-- "Conveyance as defined in section 2(d) not being a transfer charged or exempted under No. 55 of immovable Property situated,-- (i) Within the Municipalities/ Townships/Cantonments other than Corporations. Six rupees for every rupees 100 or part thereof of the fair value of the land or the amount or value of the consideration for such conveyance, whichever is higher. (ii) Conveyance as stated in (i) above, in respect of the whole or portion of the property involved in the previous conveyance, when executed within a period of three months from the date of registration of previous conveyance Two times the stamp duty paid in respect of the previous conveyance deed or the stamp duty payable under (i) above, whichever is higher. (iii) Conveyance as stated in (i) above, in respect of the whole or portion of the property involved in the previous conveyance, when executed after three months and before six months from the date of registration of previous conveyance One and a half times the stamp duty paid in respect of the previous conveyance deed or the stamp duty payable under (i) above, whichever is higher. (iv) Within the Municipal Corporations Seven rupees for every rupees 100 or part thereof of the fair value of the land or the amount or value of the consideration for such conveyance, whichever is higher. (v) Conveyance as stated in (iv) above, in respect of the whole or portion of the property involved in the previous conveyance when executed within the period of three months from the date of registration of previous conveyance Two times the stamp duty paid in respect of the previous conveyance deed or the stamp duty payable under (iv) above, whichever is higher. (vi) Conveyance as stated in (iv) above, in respect of the whole or portion of the property involved in the previous conveyance, when executed after three months and before six months from the date of registration of previous conveyance One and a half times the stamp duty paid in respect of the previous conveyance deed or the stamp duty payable under (iv) above, whichever is higher. Provided that if the conveyance relates to any transfer of undivided share of any land and refers to any agreement relating to the construction of any building or part of building, including flat or apartment or room etc., the value of such building or such part of the building shall also be included in such consideration, and the stamp duty if any paid in respect of such agreement shall be deducted from the stamp duty payable for the conveyance. Explanation:-- The amount of two times the stamp duty or one and a half times the stamp duty, as the case may be, payable with respect to a portion or portions of the whole property involved in the previous conveyance shall be calculated proportionate to the stamp duty paid in the previous conveyance deed."; (f) in serial number 23,-- (i) in clause (i), for the entry in column (3), the following entry shall be substituted, namely:-- "Twenty rupees"; (ii) in clause (ii), for the entry in column (3), the following entry shall be substituted, namely:-- "Fifty rupees"; (g ) in serial number 40,-- (i) in clause (b), -- (a) in sub-clause (i), in the entry in column (3), the words, letters and figures "subject to a maximum of Rs. 250" shall be omitted; (b) in sub-clause (ii), in the entry in column (3), the words, letters and figures "subject to a maximum of Rs. 250" shall be omitted; (ii) in clause (c), in the entry in column (3), the words, letters and figures "subject to a maximum of Rs. 250" shall be omitted; (iii) in clause (d), in the entry in column (3), the words, letters and figures "subject to a maximum of Rs. 250"shall be omitted; (h) in serial number 43, -- (i) in clause A, for the entry in column (3), the following entry shall be substituted, namely:-- "Five thousand rupees"; (ii) in clause B, for the entry in column (3), the following entry shall be substituted, namely:-- "One thousand rupees"; (i) in serial number 44, in clause (f), for the entries against it in columns (2) and (3), the following entires shall, respectively, be substituted, namely:-- "When authorising a person other than his father, mother, wife, husband, son, daughter, brother or sister to sell immovable property or giving authority or power to a promoter or a developer, by whatsoever name called, to make constructions or develop, sell or transfer (in any manner whatsoever) any immovable property situated in Kerala. The same duty as a conveyance (No. 21 or 22, as the case may be) for the fair value of land or for the amount of the consideration, whichever is higher or the estimated cost as certified by a Chartered Engineer of proposed construction or development of such property, as the case may be.”; (j) in serial number 51, in clause (b), in the entry in column (3), for the words "One hundred rupees", the words "Five hundred rupees" shall be substituted; (k) in serial number 54, in clause (b), for the entry in column (3), the following entry shall be substituted, namely:-- "Two hundred and fifty rupees".

Section 4 – Kerala Finance Act, 2013 | DailyLaw.ai