Section 2
the corresponding article in Schedule
2. the corresponding article in Schedule
Subs. Bihar (Amdt.) Act 15 of 1988.
tgage
gage
ethe or oth
or
with th tgage
ale of property subject to a mortgage
Sane or money charged, together or
or other tgage or oth ale of property subject to a mortgage
of Sane or money charged, together with the Explanation.—In the case
rance, any unpaid mortga Explanation.—In the case
to be part of the consideration for incumbrance, any unpaid mortgage
(if any) due on the same, shall be deemed incumbrance, any unpaid mortg
interest (if any) due on the same, shall be deemed P
the sale: le: P
Provided that, where property, subject to a mortgage, 'S banstemee toe
, he shall be entitled to deduct from the duty payable on the transfer, the
e. Provided that, where property, subject to a
mortgagee, he shall be entitled to deduct from the
t of any duty already paid in respect of the mortgage, 'S banstemee toe
duty payable on the transfer, the
mortgage. mortgagee, he shall be entitled to deduct fr
amount of any duty already paid in respect om the duty payabl
of the mortgage.
i
i ildi
ildi ng!
"S" bject to equitable
from Comments and Case
i ildi ng!
"G" company selling lands and buildings to "S" company
reciied by "G" company for obtaining deferred payme Su i ildi ng!
"G" company selling lands and buildings to "S"
wwonguge reciied by "G" company for obtaining deferred payment
— the amount of such contingent liability under equitable mortg ect
guarantee from
d also wwonguge reciied by "G" company for obtaining deferred payme
Bank — the amount of such contingent liability under equitable mortgage
geable for stamp duty. Samaiya Organics (India) Ltd. vs. Board of an
would also
f Revenue, Bank — the amount of such contingent liability under equitab
be chargeable for stamp duty. Samaiya Organics (India) Ltd.
AIR 1986 SC 403. mortgage would also
vs. Board of Revenue, be
AIR 1986 SC 403.
Comments and Case-law
i ng!
buildings to "S" co
Stamp duty would be payable on the
and buildings plus the amoun Stamp duty would be payable
sale of lands and buildings plus the amoun
A security for any contingent sale of lands and buildings plus the amoun
been created. A security for any contingent futur