Stamp where value of subject-matter is indeterminate
Section 26 of the Indian Stamp Act, 1899 deals with stamp where value of subject-matter is indeterminate. Where the amount or value of the subject-matter of any instrument chargeable with ad valorem duty cannot be, or (in the case of an instrument executed before the commencement of this Act) could not have been, ascertained at the date of its execution or first execution, nothing shall be claimable und The Act came into force on 01 Jul 1899.
Where the amount or value of the subject-matter of any instrument chargeable with ad valorem duty cannot be, or (in the case of an instrument executed before the commencement of this Act) could not have been, ascertained at the date of its execution or first execution, nothing shall be claimable under such instrument more than the highest amount or value for which, if stated in an instrument of the same description, the stamp actually used would, at the date of such execution, have been sufficient:
1[Provided that, in the case of the lease of a mine in which royalty or a share of the produce is received as the rent or part of the rent, it shall be sufficient to have estimated such royalty or the value of such share, for the purpose of stamp-duty,
(a) when the lease has been granted by or on behalf of 2[the Government], at such amount or value as the Collector may, having regard to all the circumstances of the case, have estimated as likely to be payable by way of royalty or share to 3[the Government under the lease, or
(b) when the lease has been granted by any other person, at twenty thousand rupees a year,
and the whole amount of such royalty or share, whatever it may be, shall be claimable under such lease:]
Provided also that where proceedings have been taken in respect of an instrument under section 31 or 41, the amount certified by the Collector shall be deemed to be the stamp actually used at the date of execution.
Section 26, The Indian Stamp Act, 1899 (Act 2 of 1899).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Raymond Ltd. vs State of Chhattisgarh
Court's Decision & Legal Precedent
The Board of Revenue has jurisdiction to entertain a revisional application under Section 56(4) of the Indian Stamp Act, 1899 even after a Collector has issued an endorsement certificate under Section 32 of the Act. The legal fiction created under Section 32(3) is limited to the receivability of the instrument in evidence and does not render the Collector's determination final or binding on the State. The revisional power flows from the statutory scheme and applies to all determinations made under Section 31, irrespective of whether an endorsement has been made under Section 32. The term 'any party' in Section 56(4) includes both the applicant and the State, enabling either to file a revision application. Acceptance of the Collector's determination and payment of assessed stamp duty does not preclude the revisional authority from exercising its jurisdiction to satisfy itself as to the correctness of the amount of duty chargeable.
On this section: Referenced in Section 56(1) as subject to control of Chief Controlling Revenue Authority
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… effect from 1st January, 2015. infrastructural amenities shall apply as per the Third Schedule of the Acquisition Act, 2013. - The First Schedule of the Acquisition Act, 2013 states that the market value of the land has to be determined in accordance with Section 26 of the Acquisition Act, 2013. Clause (a) to Section 26(1) adopts the market value as specified under the Indian Stamp Act, 1899[3]( page-3-0) . Based on the date of the Gazette Notification published as per Section 11 of the Acquisition Act, 2013, i.e., on 12.09.2014, the Competent Authority deemed it appropriate to compute the market value according to the Collector's …
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 26
What have the courts held on Section 26 of the Indian Stamp Act?
Raymond Ltd. vs State of Chhattisgarh (20 Feb 2007) is the leading judgment on this section among those set out below: Referenced in Section 56(1) as subject to control of Chief Controlling Revenue Authority.
How do I find court cases under Section 26 of the Indian Stamp Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Stamp Act 26, section 26 Stamp Act, section 26 of the Indian Stamp Act. People searching for it also type 26 indian stamp act deals with. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Raymond Ltd. vs State of Chhattisgarh (20 Feb 2007).
What should I read with Section 26 of the Indian Stamp Act, and has it changed?
Its own text turns on section 31 (Adjudication as to proper stamp), section 41 (Instruments unduly stamped by accident), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. One instrument names it without being made under it, most recently Formation of Cauvery North Wild Life Sanctuary in Hosur and Dharmapuri Forest Divisions (2014).
When did Section 26 of the Indian Stamp Act come into force?
Section 26 of the Indian Stamp Act, cited as Stamp Act 26, came into force on 01 Jul 1899, having been enacted on 27 Jan 1899. It is in force as at the date shown on this page.
Other sections of this Act
- 47. Power of payer to stamp bills, and promissory notes received by him unstamped4923 words
- 2. Definitions3110 words
- 3. Instruments chargeable with duty1916 words
- 10. Duties how to be paid1187 words
- 28. Direction as to duty in case of certain conveyances961 words
- 73. Books, etc., to be open to inspection932 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 19 Oct 2026. This page is not a substitute for legal advice.