# The Assam Stamp (Amendment) Act, 1950, Section 45

- Act: The Assam Stamp (Amendment) Act, 1950 (Act 7 of 1950)
- Source URL: https://indiacode.ecourtsindia.com/assam-stamp-amendment-act-1950/section/45/

## Text

PARTITION-Instrument of [as defined by section 2(15)]. The same duty as a Bond (No.15) for the amount of the value of the separated share or shares of property. N.B .- The largest share remaining after the property is partitioned (or if there arc two or more shares of equal value and not smaller than any of the other shares then one of such equal shares) shall be deemed to be that from which the other shares are separated : Provided always that- (a) When an instrument of partition containing an agreement to divide property in severalty is executed and a partition is effected in pursuance of such agreement the duty chargeable upon the instrument effecting such partition shall be reduced by the amount of the duty paid in respect of the first instrument, but shall not be less than one rupee ; (b) When land is held on revenue settlement for a period not exceeding thirty years and paying the full assessment, the value for the purpose of duty shall be calculated at not more than five times the annual reve- nuc ; (c) When a final order for effecting a partition passed by any Revenue authority or any Civil Court, or an award by an arbitrator directing a partition, is stamped with the stamp required for an instrument of partition and an instrument of partition in pursuance of such order of award is subsc- quently executed the duty on such instrument shall not exceed one rupee.

---
Published by eCourtsIndia together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957.