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 Schedule I, namely:--
No. 2. (Administration Bond),
[No. 6 (Agreement relating to Deposit of Title-deeds, Pawn or Pledge),]
No. 13 (Bill of exchange),
No. 15 (Bond),
No. 16 (Bottomry Bond),
No. 26 (Customs Bond),
* * * * *
No. 32 (Further charge),
No. 34 (Indemnity-Bond),
No. 40 (Mortgage-deed),
No. 49 (Promissory-note),
No. 55 (Release),
No. 56 (Respondentia Bond),
No. 57 (Security-bond or Mortgage-deed),
No. 58 (Settlement),
* * * * *
* * * * *
No. 62 (c). (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 policy of insurance other than fire-insurance---by the person effecting the insurance;
(bb) in the case of a policy of fire-insurance--by the person issuing the policy;]
(c) in the case of a conveyance (including re-conveyance of mortgaged property) by the grantee: in the case of a lease or agreement to lease---by the lessee or intended lessee:
(d) in the case of a counterpart of a lease---by the lessor;
(e) in the case of an instrument of exchange [including swap]--by the parties in equal shares,
(f) in the case of a certificate of sale---by the purchaser of the property to which such certificate relates; ***
(g) 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 arbitrator, in such proportion as such authority, Court or arbitrator directs.
[(h) in the case of sale of security through stock exchange, by the buyer of such security;
(i) in the case of sale of security otherwise than through a stock exchange, by the seller of such security;
(j) in the case of transfer of security through a depository, by the transferor of such security;
(k) in the case of transfer of security otherwise than through a stock exchange or depository, by the transferor of such security;
(l) in the case of issue of security, whether through a stock exchange or a depository or otherwise, by the issuer of such security; and
(m) in the case of any other instrument not specified herein, by the person making, drawing or executing such instrument.]
STATE AMENDMENT
Uttarakhand.--
Amendment of section 29.--In Section 29 of the Principal Act,--
(a) In clause (a), after the words (and figures, "No. 40 (Mortgage deed))," the words (and figures "No. 43 (Note or memorandum))," shall be inserted;
(b) after clause (f), the following clause shall be inserte
d, namely,--
"'(f-f) in the case of an Instrument of Gift by the donee;"
[Vide Uttarakhand Act 1 of 2016, s. 4]