PARTITION—Instrument of partition [as defined under clause (15) of section 2] of the Indian Stamp Act, 1899 ( 2 of 1899). The same duty as Bond (No.15) of the amount or the market value of the separated share or shares of the property.

Note.—The largest share remaining after the property is partitioned (or, if there are 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—

1. (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 duty paid in respect of the first instrument but shall not be less than five rupees;
2. (b) where the instrument relates to the partition of agricultural land, the rate of duty applicable shall be one hundred rupees;
3. (c) where 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 or award is subsequently executed, the duty on such instrument shall not exceed ten rupees.

45. PARTNERSHIP—

1. (1) Instrument of any partnership inclusive of, Limited Liability Partnership and joint venture to run a business, earn profits and to share profits, whether in cash or in kind—
   • (a) where there is no share of contribution in partnership, or where such share contribution brought in by way of cash does not exceed fifty thousand rupees; Five hundred rupees.
   • (b) where such share contribution brought in by way of cash is in excess of fifty thousand rupees; One per cent. of the amount of share contribution subject to maximum of fifteen thousand rupees.
   • (c) where such share contribution is brought in by way of property, excluding cash. The same duty as is leviable on a conveyance under clause (a),
   • (b) or (c), as the case may be, of Article 22, on the market value of such property.
2. (2) Dissolution of partnership or retirement of partner inclusive of, Limited Liability Partnership and joint venture to run a business, earn profits and to share profits, whether in cash or in kind—
   • (a) where on dissolution of the partnership or on retirement of a partner any property is taken as his share by a partner other than a partner who brought in that property as his share of contribution in the partnership; The same duty as is leviable on a conveyance under clause (a),
   • (b) or (c), as the case may be, of Article 22, on the market value of such property, subject to a minimum of one hundred rupees;
   • (b) in any other case. Five hundred rupees.

1. (a) when executed for the sole purpose of procuring the registration of one or more documents in relation to a single transaction or for admitting execution of one or more such documents; Two hundred rupees.
2. (b) when required in suits or proceedings under the Presidency Small Cause Courts Act, 1882 (15 of 1882); Two hundred rupees.
3. (c) when authorising one person or more to act in a single transaction other than the case mentioned in clause (a); Two hundred rupees.
4. (d) when authorising one person to act in more than one transaction or generally; Two hundred rupees.
5. (e) when authorising more than one person to act in single transaction or more than one transaction jointly or severally or generally; Two hundred rupees.
6. (f) (i) when given for consideration and authorising to sell an immovable property;
   • (ii) when authorising to sell or transfer immovable property without consideration or without showing any consideration, as the case may be— The same duty as is leviable on a conveyance under clause (a), (b), or (c), as the case may be, of Article 22, on the market value of the property.
7. (a) if given to the father, mother, brother, sister, wife, husband, daughter, son, grandson, granddaughter or father, mother, brother or sister of the spouse; and Two hundred rupees.
8. (b) in any other case; The same duty as is leviable on a conveyance under clause (b), or (c), as the case may be, of Article 22, on the market value of the property.
9. (g) when given to a promoter or developer by whatever name called, for construction on, development of, or sale or transfer (in any manner whatsoever) of, any immovable property. The same duty as is leviable on a conveyance under clause (b), or (c), as the case may be, of Article 22, on the market value of the property: Provided that when proper stamp duty is paid under clause (d) of Article 5 on an agreement, or records thereof or memorandum of an agreement executed between the same parties and in respect of the same property, the duty chargeable under this clause shall be one hundred rupees only.
10. (h) in any other case. Two hundred rupees. Explanation I.—For the purposes of this Article more persons than one when belonging to the same firm shall be deemed to be one person. Explanation II.—The term “registration” includes every operation incidental to registration under the Registration Act, 1908 ( 16 of 1908). Explanation III.—Where under clause (f), duty has been paid on the power of attorney, and the conveyance relating to that property is executed in pursuance of power of attorney between the executant of the power of attorney and the person in whose favour it is executed, the duty on conveyance shall be the duty calculated on the market value of the property reduced by duty paid on the power of attorney.